ANIL MAHATMA Vs. SUNIL MEHTA

JUDGEMENT

(1.) -The plaintiff-petitioner filed a suit for specific performance along with an application under Order XXXIX, Rules 1 and 2, CPC for grant of temporary injunction. After hearing both the parties, the learned trial court refused, to grant temporary injunction under Order XXXIX, Rules 1 and, CPC.

(2.) Aggrieved against the refusal of temporary injunction, the present Misc. Appeal was filed before this Court and while emtertaining the appeal on 9.3.1994, the learned single Judge of this Court ordered to issue notice on the stayapplication with following ad interim order, which reads thus : "Meanwhile status quo in regard to the construction of the property as it existed today shall be maintained."

(3.) It is alleged by the plaintiff-petitioner that summons as well as show cause notices were duly filed for service upon the answering non-petitioners and other respondents and the same were sent by the office vide dispatch No. 1960/61 dated 16.3.1994. The summons and notices were served upon the answering non petitioners and other respondents on 30.3.1994.