DEVINDER SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) Defendant is the petitioner before this court. In a suit for declaration filed by the plaintiff-respondent, Ashok Kumar, he filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for restraining defendants No.1 and 2 from implementing order dated January 10,2001 and the order dated May 11,2001 during the pendency of the suit. The learned trial court accepted the aforesaid application of the plaintiff. Consequently, defendants were restrained from implementing the orders dated January 10,2001 and May 11,2001 during the pendency of the suit and reversion of the plaintiff on the basis of the aforesaid orders was ordered to be treated as redundant and the trial court further directed that the ante status quo position to be restored till disposal of the main suit. An appeal was filed by respondent, Devinder Singh,before the appellate Court. The learned appellate court also dismissed the appeal filed by the defendant and consequently the order of the trial court was maintained.

(2.) The present revision petition was admitted vide order dated August 12,2003. Operation of the orders of the two courts below was stayed.

(3.) It is apparent that the aforesaid interim order has remained operative for a period of almost three years. In these circumstances, it would be wholly inappropriate to vacate/modify the aforesaid order, at this stage.