SHANKAR LAL Vs. GINNI DEVI

JUDGEMENT

(1.) BY the Court:

(2.) THE contention of the appellant is that it was amply proved before the court below that the respondent has committed disobedience of the order of temporary injunction , his application has been wrongly rejected. Per contra, the only contention of the respondent is that original suit has already been decided and decreed on 16.7.2009, hence the proceeding under Order 39 Rule 2(a) are not maintainable and reliance has been placed on 2011 (3) ACJ 523 (SC) Kanwar Singh Saini vs High Court of Delhi.

(3.) LOOKING at the above legal position, the application under Order 39 Rule 2(a) was not maintainable and the court below has rightly rejected the application. There is no force in the appeal and the same is liable to be rejected and is accordingly rejected.