Akashdeep Goel And Ors vs Aditya Goel And Ors

Goutam Bhaduri, J

Heard.

The MCC is filed for recalling the order dated 02.05.2018 passed in WP (227) No.392 of 2018. The said writ petition was filed by Aditya Goel &

Satish Goel, who are the respondents herein in this MCC. Service report shows that they have refused to accept the notice. The service report of

other respondents is awaited. Perused the order dated 02.05.2018, wherein this Court has directed that the application under Order 39 Rule 1 & 2

CPC which is pending adjudication till the same is decided on merits, the respondents therein in W.P. 227 No.392 of 2018 who are Akashdeep Goel,

Om Prakash Goel, Ghanshyam Das Goel, Sangeeta Poddar, Sanjeev Choudhary, Sanjeev Choudhary & Smt. Sharda Bijoriya shall not alienate the

property.

Learned counsel for the applicants submits that taking advantage of this order the application under Order 39 Rule 1 & 2 which was earlier

rejected, again the application under Order 39 Rule 1 & 2 CPC has been filed and therefore, suppression was made in the earlier petition and dismissal

of the application under Order 39 Rule 1 & 2 CPC earlier was not informed.

Be that as it may, the order dated 02.05.2018 is not on merits. It is only to the extent that till the decision on the application under Order 39 Rule 1

& 2 CPC, no alienation shall be made in respect of the suit property. In this case, the applicants can agitate his grievance and submission at the time

of hearing of the application under Order 39 Rule 1 & 2 CPC and the Court shall consider the same without being influenced by the order dated

02.05.2018.

With such observation, the MCC stands disposed of.