MADAN MOHAN SETHI Vs. NIRMAL SHYAM KUMARI SETHI

JUDGEMENT

(1.) This revision petition is directed against the order dated 12.12.97 passed by the Civil Judge, Delhi dismissing the application filed by the petitioner under Order 39, Rule 2-A, Civil Procedure Code as not pressed on the ground that the said application was not pressed by the petitioner.

(2.) The petitioner instituted a suit against the respondent seeking for a decree for grant of permanent injunction in respect of sale, alienation and restraining the respondents from transferring the possession in respect of the suit property. Along with the said suit an application under Order 39, Rules I and 2, CTC was also filed by the petitioner seeking for temporary injunction on which the Additional District Judge passed an order for maintenance of status quo in respect of title and possession of the suit property under his order dated 30.6.1995. The petitioner herein has alleged that the aforesaid order of injunction was wilfully disobeyed and/or violated by the respondent and, therefore, filed an application under Order 39, Rule 2-A, CPC, which was pending disposal in the Court of the Civil Judge, Delhi.

(3.) Another suit in respect of the same suit premises was filed by M/s. Praveen Bhatia Estates (P) Ltd. in this Court on 14.7.95. In the said suit, the said M/s. Praveen Bhatia Estates (P) Ltd. obtained an injunction against the petitioner restraining him from dispossessing it without due process of law. The petitioner also filed a criminal contempt petition in this Court being Criminal Contempt Petition No. 19/1995 which is pending disposal in this Court.