Vineet Kothari, J. - (1.) This appeal is directed against the impugned order dtd. 16,10.2008 whereby the learned Court below has rejected the application of the plaintiff - appellant under Order 39 Rule 2A C.P.C. seeking to initiate contempt proceedings against the defendants.
(2.) Having heard the learned counsel and upon perusal of the reasons given in the impugned order, this Court is satisfied that no interference is called for in the present appeal. Since construction was raised by the defendant after the limited period of ex-parte ad interim temporary injunction granted while disposing of the appeal of the plaintiff - appellant had already expired and construction in question was raised after such expiry of ad interim order. Consequently, the learned Court below was justified in rejecting the application under Order 39 Rule 2A C.P.C.
(3.) Accordingly, this appeal is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. A copy of this order be sent to the opposite party as well as the learned trial Court. Appeal Dismissed.;