DR. DEBASHISH CHAKRAVARTTY vs SABYASACHI CHAKRAVARTTY & ORS.

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th May, 2025 + CM(M) 998/2025 & CM APPL. No. 32834/2025 DR. DEBASHISH CHAKRAVARTTY .....Petitioner Through: Mr. Arunava Mukherjee and Mr. Nisarg P. Khatri, Advocates. versus SABYASACHI CHAKRAVARTTY & ORS. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court and when his suit was taken up by the learned Trial Court on 28.10.2022, it allowed the application moved under Order XXXIX Rule 1 CPC while observing as under:- “In view of the above discussion, application under Order 39 Rule 1 and 2 CPC moved by the plaintiff is hereby allowed. Defendants are restrained from dispossessing the plaintiff and also restrained from blocking his access into the suit property i.e., garage, bedroom and toilet on ground floor of property bearing no. B-4/65, Safdarjung Enclave, New Delhi till final disposal of this matter. Application under Order 39 Rule 1 and 2 CPC is disposed off accordingly. Nothing stated herein shall tantamount to expression of opinion on merits of this case.” 2. The abovesaid order has already attained finality as the appeal filed against the abovesaid order has been dismissed by the learned First Appellate Court. 3. The grievance of the plaintiff is, merely, limited to the effect that despite there being an injunction order, and despite the fact that even the first appeal has been dismissed, the order has not yet been complied with and when an application was moved under Order XXXIX Rule 2A CPC, the learned Signature Not Verified Digitally Signed CM(M) 998/2025 1 By:SONIA THAPLIYAL Signing Date:27.05.2025 16:08:52 Trial Court has postponed the hearing of the abovesaid application, along with the final ar