MUMTAZ Vs. JAMALUDDIN RIYAZUDDIN SHEIKH

JUDGEMENT

(1.) The above Application is filed inter-alia seeking to strike out the defense of the Defendants under Order 39 Rule 11 read with Sec. 151 of the Code of Civil Procedure (for short "CPC"), 1908 for willfully flouting the order dtd. 14/7/2016 passed by this Court in Notice of Motion No. 1769 of 2011. The 2 nd prayer is to punish the Defendants under Order 39 Rule 2A of the CPC, 1908 for willful breach of the very same order.

(2.) It is the allegation of the Applicant that paragraph 1(c) of the order dtd. 14/7/2016 has been willfully violated by the Defendants. For the sake of convenience, paragraphs 1 and 2 of the said order are reproduced as hereunder:

(3.) It is the grievance of the Plaintiff that despite the ground floor premises admeasuring 1000 sq.ft. and the 1 st floor premises admeasuring approximately 2015 sq.ft. in the building called "Ruby House" are given out on a leave and license basis by the Defendants, the 2/7th share of the Plaintiffs in relation to the said license fees/compensation has not been deposited in this Court.