CAPT TARA CHANDRA Vs. AHMAD SULTAN CHAWALA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 28.5.1997, by which the Civil Judge vacated the ex-parte order of injunction that was granted on 1.9.1993 in favour of the plaintiff.

(2.) The grievance of the petitioner is that the impugned order has been passed, while the application under Order XXXIX Rules 1 and 2, CPC, is fixed for arghments.

(3.) Before the grounds on which the impugned order is assailed are considered, it would be appropriate to notice the proceedings in the suit culminating in the passing of impugned order. The petitioner had filed a suit for permanent injunction accompanied with an interim application for restraining the respondent from interfering with plaintiff's possession. Vide an ex-partc order dated 1.9.1993, the respondents/defendants were restrained from interfering in the physical possession of the petitioners till further orders. The ex-parte order continued and it was on 7.2.1996, that arguments were heard on the application under Order XXXIX Rules I and 2, Civil Procedure Code and the case was posted for orders on 12.3.1996. This was followed by certain attempts for arriving at a settlement. Thereafter, the matter was adjourned as there was a change of the Presiding Officer.