Tarun Agarwala, J. - (1.) The petitioner alleges to be the owner of the property No.184, Chabaque Building, District Meerut on the basis of a registered will dated 28.6.1989 executed by his father. The respondent No.1 is his real sister who instituted a suit No.1095 of 1989 alleging that she was entitled to 1/4th share of the properties left by her father on the basis of a will dated 8.10.1983. The said will also contemplated that she would be entitled to receive the rent from the shops in question. This suit was decreed by a judgment dated 21.7.1999 holding that respondent No.1 was the owner of 1/4th share of the property in dispute and that she was further entitled to receive the rent from the tenants occupying the shops. The petitioner filed an appeal which is pending till today. The appellate court has stayed the decree pending the disposal of the appeal.
(2.) Notwithstanding the aforesaid, the petitioner filed a release application under Section 21(1)(a) of U.P. Act No.13 of 1972 against a tenant Sri Rajendra Singhal. The prescribed authority rejected the release application. The appeal filed by the petitioner was allowed. The tenant's writ petition was dismissed and the same was eventually affirmed by the Supreme Court of India on 6.7.2006. Consequently, upon the release application being allowed, the petitioner was entitled for the possession of the shop in question.
(3.) It transpires that the respondent moved an application under Order 39, Rule 1 and 2 of the C.P.C. in which, an interim order dated 15.5.2006 was passed directing the parties to maintain status-quo. Subsequently, by an order dated 23.5.2006 the petitioner was restrained from taking possession of the shop in question till the disposal of the appeal.;