( 1 ) AWAITING disposal is an application under Order XXXIX Rules 1 and 2 CPC by the plaintiffs, namely, Shri Ashok Chopra and Shri Syed Wasi ul Hasan in a suit for permanent and mandatory injunction seeking a restraint order against the defendants in terms of prayer made therein.

( 2 ) A plot of land bearing No. 7, Lancer Road, Banarasi Dass Estate, Timrpur, Delhi, owned by one Smt. Uma Sethi, was purchased by Smt. Prakashwati, Shri Khushal Chand and Smt. Panna Devi by means of a sale deed dated 8. 5. 1958. A two and half storeyed building was constructed by them jointly on the said plot of land. At a later point of time, after the death of Panna Devi, her sons, namely, Shri Dharmendra Kumar, Shri Virendra Kumar and Shri Surender Kumar in the year 1974 filed a suit bearing No. 446/74 for partition of the property. After passing of a preliminary decree, on 8th of January, 1975, an application being IA. 1689/75 setting out a mutually agreed scheme of partition was filed by the parties to the suit and a final decree for partition was, accordingly, passed by judgment dated 8. 1. 1975. By virtue of the said scheme of partition, the property was divided into four portion