SAROJ DEVI Vs. LAXMANDAS AGRAWAL

JUDGEMENT

(1.) THIS petition is filed under Order 39 Rule 2(A) of C.P.C for breach of order dated 02.08.2006 passed in MA No. 678/2006.

(2.) AT the outset, Shri Sanjeev Jain, learned counsel for the respondents, took objection that this petition is not maintainable before the appellate court. The words "Court granting an injunction" mean the court which is trying the suit. Since this question goes to the root of the matter, it was thought proper to hear the parties on this aspect.

(3.) SHRI Amit Bansal, learned counsel for the petitioners, placed heavy reliance on language of order 39 Rule 2(A) C.P.C wherein the words "Court granting an injunction" are mentioned. Whereas, She Sanjeev Jain relied on ( Sadhana Tripathi Vs. Banarasidevi, 2012 2 MPHT 328).