Valmiki J. Mehta, J (Oral)

CM. No. 16496/2013(under Order 22 Rule 3 CPC)

For the reasons stated in the application, this application is allowed and the LR of Smt. Krishna Devi, appellant no. 4 (1), are brought on record, and who is otherwise on record.

CM stands disposed of.

FAO 136/2013

1. This appeal is filed by the defendants in the suit impugning the order dated 04.03.2013 by which the application under Order 39 Rules 1 and 2 CPC filed by the respondent herein, and plaintiff before the trial court, was allowed by directing status quo during the pendency of the suit. A Local Commissioner has also been appointed by the impugned order.

2. On behalf of the appellant it is argued that the impugned order is not only wholly illegal and perverse in granting interim orders during the pendency of the suit, in fact the suit had to be dismissed on the principles laid down in Section 11 and Order 23 Rule 1 CPC in as much as various other suits/litigations with respect to the same suit property, which were filed by the respondent herein, were either withdrawn or dismissed. It is argued that the trial court noted this submission of the defendants/appellants in the impugned order, but, it