VIDYA WATI Vs. A N WANCHOO

JUDGEMENT

(1.) The appellants are the Legal Representatives of the plaintiff and on the death of the original plaintiff they have been substituted in place of the deceased plaintiff. The appellants have filed this appeal against the order dated 2.2.1995 passed by the learned Single Judge vacating partially the ad interim injunction in respect of the lawn and the side land attached to the Annexe of 6, Friends Colony(West), New Delhi.

(2.) The original plaintiff, Shri D.N.Ahluwalia, who was the predecessor-in-interest of the present appellants filed a suit being Suit No, 2348/1985 in this court seeking for a declaration to the effect that the plaintiff had become the absolute owner of annexe of Kothi No.6, Friends Colony(West), New Delhi, together with the casementary rights, common passages etc. as shown in red in the plan annexed to the plaint by virtue of a Will dated 28.8.1984 executed by Smt. Rajeshwari in favour of the plaintiff and in the alternative by adverse possession being in peaceful, open, continuous, uninterrupted possession and enjoyment of the said annexe, as owner thereof for a period of more than 12 years.

(3.) During the pendency of the suit, an application was filed under Order 39 Rule I & 2 seeking an order of injunction against the defendants restraining them from dispossessing the plaintiff from the annexe in question and land appurtenant thereto. The learned Single Judge granted an ad interim injunction in favour of the plaintiff against the defendants restraining the latter from alienating or transferring the annexe in question and further directed that status quo regarding possession in respect of the annexe as also in respect of the wall should be maintained. Subsequently the learned Single Judge took up for consideration the matter relating to grant of ad interim injunction and the issue with regard to making the same absolute.