PRAHLAD DAS AGARWAL Vs. MANNU LAL

JUDGEMENT

(1.) HEARD Shri Rahul Sripat, learned counsel for the petitioner and Shri Shiv Nath Singh, learned counsel for the respondent no. 1.

(2.) THIS writ petition arises out of the original suit no. 26 of 1974 filed by the plaintiff -respondent no. 1 for permanent prohibitory injunction against the petitioners -defendants. The petitioners -defendants also filed a counter claim in the said suit claiming themselves to be the owner of the property in dispute. The contention of the petitioners in the counter claim is that they are the owner of the property in dispute since the time of their ancestors and they have illegally been dispossessed by the plaintiff -respondent no. 1. On the injunction application moved by the plaintiff -respondent no. 1 an injunction order was passed directing both the parties to maintain status quo with respect to nature and possession over the property in question. The claim of the petitioners -defendants is that the interim injunction order dated 13.11.2007 has been violated by the plaintiff -respondent no. 1.

(3.) AS a result of it, the petitioners moved an application under Section 39 Rule 2 -A C.P.C. dated 13.2.2008 which was registered as Misc. Case No. 16 of 2008. It has also been stated in the writ petition that the plaintiff -respondent no. 1 also moved an application under 39 Rule 2 -A C.P.C. dated 10.1.2008 claiming that the petitioners -defendants had violated the interim injunction order 13.11.2007 which has been registered as? Misc. Case No. 31 of 2008 and the same has been decided by the trial court. However, the application moved by the petitioners -defendants as Misc. Case No. 16 of 2008 is pending before the trial court.