(1.) The petitioners had instituted CS(OS) 2388/06 against three defendants, defendant no.1 being respondent no.1 herein, seeking permanent injunction to restrain the defendants from disposing of the premises known as Carlton cafe,1282-1286, Bada Bazar, Kashmere Gate, New Delhi, without the consent, knowledge & participation of the petitioners. The said suit is still pending adjudication before this Court.
(2.) The case of the petitioners is that premises known as Carlton cafe is a tenanted premise wherefrom the business under the name and style of M/s Carlton cafe was run by the father of respondent no.1 and his brother. Respondent no.1 had inherited from his father, 25% interest in the tenancy rights of the said premises. It was agreed between petitioner no. 1 & respondent no.1, by way of a family settlement dated 18.11.94, that out of respondent no.1's interest in the said premises, 10% would belong to petitioner no.2, 40% to petitioner no.3 and the remaining 50% to respondent no.1, and that in case of "sale" of the said interest, the sale proceeds would be shared among petitioner no.2, petitioner no.3 and respondent no.1 in the aforementioned proportion. In order to restrain defendants from resiling from the terms of the said settlement, CS (OS) 2388/06 was brought by the petitioners.
(3.) In I.A. no. 14402/06, filed by the petitioners under order 39 rule 1, & 2 r/w section 151 C.P.C., an exparte injunction was granted in favour of the petitioners and against the defendants, vide order dated 08.01.2007, whereby defendants were restrained from dealing with the property in any manner without effectively associating petitioners in negotiation and disposal of the property. The operative part of the said order reads as follows: