- (1.) This petition seeks the quashing of the order dated 18th May, 2009 passed by the Civil Judge, Meerut by which temporary injunction was granted in Original Suit No. 831 of 2007 filed by respondent Nos. 1 and 2-Shanti Prasad (since deceased) and Shashi Jain. The petitioners have also sought the quashing of the order dated 28th October, 2011 by which the application filed by the petitioners Order 39 Rule 4 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') was rejected. The petitioners have also sought the quashing of the order dated 26th July, 2012 by which the appeal filed by the petitioners for setting aside the order dated 28th October, 2011 has been dismissed by the Additional District Judge, Court No. 12, Meerut. Petitioner No. 1-Central Bank Karmchari Awas Samiti Limited (hereinafter referred to as the 'Society') is a Society registered under the provisions of the U.P. Co-operative Societies, Act, 1965. Petitioner No. 2-Naresh Kumar claims to be the Secretary of the Society. In furtherance of the objects for which the Society was constituted, several plots in Village Nagala Tasi Kasampur, Tehsil and District Meerut were purchased by the Society through registered sale-deed dated 23rd December, 1988 and after the purchase of the aforesaid land, the Society started development on the basis of the lay out plan submitted before the Meerut Development Authority.
(2.) Original Suit No. 831 of 2007 was, however, instituted by Shanti Prasad (since deceased) and Shashi Jain against the Society through the Ex-Secretary of the Society Rajesh Mishra (defendant No. 1). Notice was issued to the defendant and a written statement was filed by the defendant through Rajesh Mishra on 12th February, 2008. In paragraph 27 of the written statement it was specifically averred by the defendant that the Society had wrongly been impleaded through the Ex-Secretary.
(3.) The application filed by the plaintiffs for grant of temporary injunction came up before the Court on 18th May, 2009. The Court noticed that the plaintiffs had put in appearance in the suit but neither any application seeking adjournment had been filed and nor the counsel for the defendant had appeared. The Court, in such circumstances, allowed the application filed by the plaintiffs for grant of temporary injunction and restrained the defendant from interfering with the possession of the plaintiffs over l/6th portion indicated at the end of the plaint and from transferring the property in favour of any other person and fixed 20th July, 2009 for framing of issues. The plaintiffs served a copy of the order dated 18th May, 2009 on 31st May, 2009 and it is asserted that the Society then came to know of the filing of the Original Suit by the plaintiffs.;