RAJENDRA SHARMA Vs. SATISH CHANDRA GARG AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The present appeal has been filed under Order 43, Rule 1 (r ) of the Civil Procedure Code by plaintiff/applicant/appellant (hereinafter referred as appellant) thereby challenging the legality of judgment and order dated 18th December, 2014 passed by Sri S.C. Rana, Additional District Judge, Court No.10, Aligarh in Regular Miscellaneous Case No.17 of 2010 (Sri Rajendra Sharma Vs. Satish Chand Garg and others) whereby the application of the appellant under Order 39, Rule 2 A of the Civil Procedure Code read with Section 151 of the Civil Procedure Code, has been dismissed.

(3.) In support of the present appeal, learned counsel for the appellant has argued that the impugned judgement and order are wholly illegal and arbitrary. The learned Judge has failed to construe properly the documents and orders, copies whereof have been filed before him. He further submits that opposite party /respondent nos. 1 to 3 (hereinafter referred as respondent nos. 1 to 3) and opposite party no.2/respondent nos.4 and 5 (hereinafter referred as respondent nos. 4 and 5) in spite of knowledge of injunction order dated 23rd February, 2004, passed in Original Suit No.848 of 2001 (Rajendra Sharma Vs. Narendra Sharma and others ) and order dated 24th September, 2009 have willfully disobeyed the same and respondent nos. 1 to 3 had purchased the property in dispute and with the help of respondent nos. 4 and 5 took forcible and illegal possession thereof. The learned trial Judge has erroneously held that respondent nos. 1 to 3 were not bound by the order dated 23rd February, 2004.