PRAKASH GUPTA,J. - (1.) The present second appeal has been filed under Section 100 of CPC against the decree and judgment passed by Additional District Judge No.3, Jaipur Metropolitan, Jaipur in Civil Regular Appeal No.29/009 dated 24.05.2011 (hereinafter referred to as First Appellate Court) whereby the learned First Appellate Court dismissed the appeal filed by the appellant-plaintiff and confirmed the judgment and decree passed by Civil Judge Junior Division, Jaipur City (West), Jaipur dated 16.09.2009 in Civil Suit No.124/2005.
(2.) Brief facts giving rise to this appeal are that the plaintiff-appellant and proforma respondent No.3 filed a civil suit for permanent and mandatory injunction against the defendant-respondents No.1 and 2 wherein it was stated that late Shri Shankarnath Gupta father of the appellant along with his wife Nirmala Devi-defendant-respondent No.2 opened a locker bearing No.1807 in their names.
(3.) The said locker was operated from time to time by late Shri Shankernath Gupta and Nirmala Devi. After some time, a dispute arose between them. Consequently, late Shri Shankernath Gupta directed the defendant No.1 that the locker should not be allowed to be opened by his wife Nirmla Devi without his consent. Since then the locker stands closed.;