KIRAN GIRHOTRA Vs. RAJ KUMAR

JUDGEMENT

(1.) BY this order, I shall dispose of the plaintiff 's application under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC?) being I.A. No.11196/2009 wherein it is prayed that the order dated 3rd February, 2004 be modified and in addition to earlier order defendants No.2 to 4 be restrained thereby to (a) not to cause any construction in the suit plot; (b) to handover the peaceful possession to the plaintiffs and (c) alternatively to seal the suit property in question.

(2.) THE above mentioned application has been filed by the plaintiff under Order 39 Rule 4 read with Section 151 CPC mainly on the ground of change of circumstances, namely:-

(3.) THE plaintiffs filed a suit under Section 31 of the Specific Relief Act, 1967 for declaration, permanent and mandatory injunction and for possession of suit property.