Aleyamma & Anr vs Raj Rani Jain & Ors
2010 Latest Caselaw 1394 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                 FAO No. 211/2008 & C.M. No.9475/2008


                              Date of Decision: March 12, 2010


       ALEYAMMA & ANR                    ..... Appellants
                    Through Mr. Sanjeev Kumar, Advocate

                     versus


       RAJ RANI JAIN & ORS                ..... Respondents
                      Through Dr. Anurag Kr. Agarwal, Advocate


       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the order of an

Additional District Judge, dated April 02, 2008. The appellants are

aggrieved by the order of status-quo passed in respect of Saving Bank

Account No.25139, Saving Bank Account No.25155, Fixed Deposit

receipt No.KD-4663 of Rs.10,71,000/- and Locker No.311 maintained

with Canara Bank, 38, Ansal Tower, 7th Floor, Nehru Place, New Delhi

in the name of deceased Jiya Lal Jain.

It is stated by the learned counsel for the respondents that the

order so passed is only interim in nature and that the application

under Order 39 Rules 1 & 2 of the Code of Civil Procedure

(hereinafter referred to as the Code) is yet to be finally disposed of.

On the other hand, learned counsel for the appellants submits

that he has filed an application before the trial Court under Order 7

Rule 11 of the Code wherein a plea has been taken that the suit itself

is not maintainable before the trial Court and that if the said plea is

accepted, then no order on the application under Order 39

Rules 1 & 2 of the Code can be passed by the trial Court.

Having heard submissions of the learned counsels for the

appellants and the respondents, the trial Judge is directed to dispose

of the application of the appellants under Order 7 Rule 11 of the Code

and is also directed to finally dispose of the application under

Order 39 Rules 1 & 2 of the Code within one month from today.

In the meanwhile, the status-quo order as passed on

April 02, 2008 by the trial Judge shall continue.

With this direction, the appeal is disposed of.

REKHA SHARMA, J.

MARCH 12, 2010 ka