MOHAN DEVI Vs. DALJEET SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 3rd July, 2007 passed by the learned Single Judge dismissing the application IA No.7020/2006 filed by the appellant-plaintiff under Section XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as Code, for short). By the aforesaid order, the learned Single Judge has allowed the application IA No.7544/2006 under Order XXXIX, Rule 4 of the Code and vacated the ex parte, ad interim injunction granted in favour of the appellant-plaintiff.

(2.) Suit has been filed by the plaintiff-appellant for possession of ground floor of the property bearing No.L-58A, Malviya Nagar, New Delhi. Relief of injunction is also prayed for.

(3.) The learned Single Judge while issuing summons in the suit had granted an ad interim ex-parte injunction in the application bearing No.7020/2006 directing that status quo be maintained by the parties with respect to the suit property. The defendant-respondent thereafter appeared in the suit and filed an application under Order XXXIX, Rule 4 of the Code praying for vacation of the injunction order and bringing to the notice of the Court that there has been suppression of material facts by the plaintiff-appellant in the plaint.