GIRDHARI SINGH Vs. RAMESHWAR SINGH

JUDGEMENT

(1.) The present writ petition is directed against the order dated 26.02.2019, whereby an application under Order XXXIX Rule 7 of (3 of 5) [CW-3611/2019] the Code of Civil Procedure, 1908, filed by the plaintiffs (respondents No.1 to 5 herein) had been allowed.

(2.) The facts in short are that the plaintiffs (respondent No.1 to 5) filed a suit for partition and permanent injunction against the petitioners alongwith an application for temporary injunction. Vide order dated 7.10.2016, the learned Senior Civil Judge, Balotra (hereinafter referred to as 'the Trial Court') has directed the parties to maintain status quo as an interim measure.

(3.) The plaintiffs thereafter filed an application under Order XXXIX Rule 2-A of the Code seeking appropriate orders qua the defendants alleging that they have flouted the above referred interim order dated 07.10.2016, passed by the Trial Court. During the contempt proceedings, an application dated 29.01.2019 under Order XXXIX Rule 7 of the Code came to be filed by the plaintiffs requesting that a report of the Commissioner be obtained, as the defendants have raised construction and flouted the interim injunction granted by the Trial Court.