1. The first respondent/plaintiff filed the suit in O.S.No.5849 of 1997 on the file of the VIII Assistant City Civil Court, Madras seeking a decree (i) for declaration that he is the sole licensee of the Locker bearing No.687 in class H of the vault of the first defendant; (ii) for a permanent injunction restraining the defendants from in any manner operating the said Locker and (iii) for a mandatory injunction directing the first defendant to break open the said Locker in the presence of the Power Agent of the plaintiff and hand over all documents and valuables available in the Locker to the plaintiff’s power agent. The said suit was defended by the petitioner/second defendant.

2. Pending suit, at the instance of the first respondent, an order of injunction was passed against the second defendant/petitioner from operating the said Locker, which is still in force.

3. Thereafter the first respondent/plaintiff came forward with the present application in I.A.No.8973 of 1998 to open the petition mentioned locker in the presence of the petitioner and the representatives of the first respondent therein and prepare an inventory of the contents of the locker or alternatively