JUDGMENT :

PRATHIBA M. SINGH, J.

1. C.M. Appeal No. 2187/2020 is an application seeking recall of the order dated 10th January, 2020, by which the written statement filed by the legal heirs of the Petitioner was directed to be taken on record.

2. There are various allegations made by the counsels against each other in respect of the intimation which was to be given as per order dated 6th December 2019 and service of the application considered on 10th January 2020. Since these are personal allegations inter-se counsels, the same are not being considered and the matter is being heard on merits.

3. The background is that a suit for permanent injunction was filed by Respondent No. 1/ Plaintiff-Ms. Om Wati (hereinafter “Plaintiff”) against the Petitioner/Defendant (hereinafter “Defendant”) - Mr. Dayanand. Initially, the prayer was for permanent injunction in the following terms:-

“It is, therefore, prayed that the Hon’ble Court may be pleased to pass a decree for permanent injunction favour of the plaintiff and against the defendant, restraining the defendant, his associates and agents etc. permanently from transferring, alienating and disposing of or subletting part of whole of the suit pre