KARAMBIR Vs. HARI CHAND AND OTHERS

JUDGEMENT

(1.) This is an application under Section 151 CPC for placing on record the zimni orders as mentioned in the application itself. Application is allowed as prayed for. CM disposed of.

(2.) The present revision petition under Article 227 of the Constitution of India has been preferred by the petitioner, who is defendant No. 2 in the suit for permanent injunction, seeking directions to the trial Court for deciding the stay application under Order 39 Rule 1 & 2 CPC.

(3.) Learned counsel submits that the application is pending disposal since January, 2009. Learned counsel refers to the zimni orders which are mentioned in CM No. 6788-CII of 2012 to contend that the matter has been adjourned on number of occasions. Such application had been filed by the plaintiff-Krishan Lal under Order 39 Rule 1 & 2 CPC in which status-quo had been ordered to be maintained on 19.01.2009. Thereafter, Krishan Lal-plaintiff had suffered a statement that he does not wish to proceed the present suit and the application under Order 1 Rule 10 CPC filed by Hari Chand was allowed on 07.04.2010.