Hemant Gupta, J.—Challenge in the present revision petition is to the order passed by the Courts below on an application under Order 39 Rule 2A of the Code of Civil

Procedure.

2. The plaintiff-petitioner filed a suit for permanent injunction along with an application for grant of ad interim injunction. On such application, defendant No.1 suffered the following statement on 13.11.2001:

“The defendant refused to accept service of summons. However, Sh. G.S. Dhaliwal, Advocate, filed power of attorney on behalf of the defendant. Adjournment requested for filing written statement and reply to stay application. The plaintiff counsel submits that defendant is bent upon to demolish the wall forcibly. Defendant is present and stated at bar that he will not demolish the said wall. In view of which, case is adjourned to 22.11.2001 for filing written statement and reply to the stay application.”

3. The defendant filed written statement on 22.11.2001, but on the aforesaid date no interim order was granted, but on 24.11.2001 at about 6.00 p.m. as per the plaintiff, defendant demolished the wall. Since, the defendant demolished the wall allegedly in violation of the statement giv