JATHEDAR RACHPAL SINGH Vs. KIRPAL CHAND

JUDGEMENT

(1.) his appeal by defendant No. 3- appellant is against an order passed on 11.10.1996 by learned Single Judge of this Court directing the Commissioner, Municipal Corporation of Delhi that in case defendants, including third defendant, on or before 1.11.1996 are able to produce occupancy certificate, their possession be not disturbed, failing which to seal the premises. The Commissioner, Municipal Corporation of Delhi was called upon to file his report of compliance by 5.11.1996.

(2.) The facts in brief are that plaintiffs-respondents 1 to 4 on 12.1.1996 filed a suit impleading respondents 5 & 6 as defendants 1 & 2 in the suit and the appellant as defendant No. 3 praying the following reliefs :

(3.) Along with the suit an application (IA 448/96) was filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking an injunction against the defendants from obstructing or interfering with the plaintiffs' peaceful use, occupation and enjoyment of the possession of the property and from selling, transferring or otherwise parting with possession otherwise than to plaintiffs or encumbering or creating any charge on the property.