MITHA LAL S/O SHRI SHIVRAM JI MALI Vs. SMT. SUNDAR BAI @ SUNDARI W/O SH. KISHAN JI GAYARI D/O SH. BHERA JI GAYARI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner aggrieved against the order dated 27/8/2016 passed by the trial court, whereby, the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected.

(2.) Respondent No. 1 filed a suit for cancellation of sale deed as well as permanent injunction against the petitioner and respondents No. 2 to 5. Along with the suit, an application under Order 39, Rule 1 and 2 CPC was filed; the application was rejected by the trial court vide its order dated 15/11/2008. The respondent filed S.B.Civil Misc. Appeal No. 1705/2008 against the order dated 15/11/2008. In the said appeal an ad interim order dated 19/12/2008 directing the parties to maintain status quo regarding the suit property was passed and it was also directed that the plaintiffs shall not alienate the suit property. The order passed on 19/12/2008 was confirmed by order dated 18/5/2011. Ultimately, this Court decided the appeal by its order dated 26/5/2014, whereby, the appeal was disposed of directing the parties to maintain status quo regarding the suit property till the disposal of the suit.

(3.) Where-after, the respondent No. 1 filed an application under Order 39, Rule 2A CPC against the petitioner and respondents No. 2 to 5 alleging disobedience of the order dated 19/12/2008 passed by this Court, whereby, the respondent No. 2 Babulal executed sale deed dated 24/6/2013 in favour of the petitioner and respondents no. 3 to 5. A reply to the application under Order 39, Rule 2A CPC was filed, where-after, the application under Order 7, Rule 11 CPC was filed by the petitioner and respondents No. 2 to 5 on the ground that the application under Order 39, Rule 2A CPC was not maintainable.