1. By this petition under Article 227 of Constitution of India, the petitioner (defendant before the trial court) has assailed order dated 20th April, 2009 passed by Senior Civil Judge confirming order of the Civil Judge on an application under Order 39 Rules 1 & 2 CPC made by the respondent. It is submitted by the petitioner that both the courts below passed the orders ignoring the material facts and the documents, though the respondent had no prima facie case.

2. The facts relevant for the purpose of deciding this petition are that Mr. Sunil Jindal (respondent herein), who is brother-in-law (brother of husband of the petitioner) of Mrs. Mamta Gupta (petitioner herein) filed a suit for permanent injunction against the petitioner and her husband and others alleging therein that he was in possession of second

floor of the property No.B-5/29, Sector 7, Rohini with terrace rights. The petitioner and other defendants were related to him and were residing in first floor of the property as licensees but due to mala fide intention they filed criminal case against him and harassed him. They disconnected water connection and when he applied for separate water connection for s