ASWANI KUMAR AGGARWAL Vs. RAMESHWAR AGGRARWAL

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India is directed against the order dated 8.8.2005 passed by Additional Senior Civil Judge, in the first appeal against the order dated 7.8.2004 passed by the Civil Judge, Delhi. vide order dated 7.8.2004 the Civil Judge had directed the parties to maintain status quo in respect of the immovable property, till disposal of the suit. The first appellate Court vide judgment dated 8.8.2005 allowed the appeal and vacated the status quo order. Hence this petition under Article 227 of the Constitution of India.

(2.) I have heard Mr. Rajesh Gupta, learned Counsel for the petitioner and Mr. D.N. Ramdev, learned Counsel for the respondent, on the point of admission, and have gone through the impugned judgment and order as also copies of the documents placed on the file.

(3.) Briefly the facts are the petitioner herein (plaintiff in the trial Court, hereinafter referred to as the 'plaintiff') filed a suit for perpetual injunction against the respondent herein & Others (defendants in the trial Court, hereinafter referred to as 'defendants") for restraining the defendants from selling, alienating, parting with or otherwise creating any third party interest in the property No. 1/251. Paschim Vihar and for restraining the defendants from dispossessing the plaintiff from the said property and also for restraining the defendants from obstructing the passage of the plaintiff and from interfering in the peaceful enjoyment of the said property.