FAO No.211 of 2008 Page 1 of 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No. 211/2008 & C.M. No.9475/2008 Date of Decision: March 12, 2010 ALEYAMMA & ANR ..... Appellants Through Mr. Sanjeev Kumar, Advocate versus RAJ RANI JAIN & ORS ..... Respondents Through Dr. Anurag Kr. Agarwal, Advocate CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? No 2. To be referred to the reporter or not? No 3. Whether the judgment should be reported in the ‘Digest’? No REKHA SHARMA, J. (ORAL) This appeal has been preferred against the order of an Additional District Judge, dated April 02, 2008. The appellants are aggrieved by the order of status-quo passed in respect of Saving Bank Account No.25139, Saving Bank Account No.25155, Fixed Deposit receipt No.KD-4663 of Rs.10,71,000/- and Locker No.311 maintained with Canara Bank, 38, Ansal Tower, 7th Floor, Nehru Place, New Delhi in the name of deceased Jiya Lal Jain. It is stated by the learned counsel for the respondents that the order so passed is only interim in nature and that the application FAO No.211 of 2008 Page 2 of 2 under Order 39 Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the Code) is yet to be finally disposed of. On the other hand, learned counsel for the appellants submits that he has filed an application before the trial Court under Order 7 Rule 11 of the Code wherein a plea has been taken that the suit itself is not maintainable before the trial Court and that if the said plea is accepted, then no order on the application under Order 39 Rules 1 & 2 of the Code can be passed by the trial Court. Having heard submissions of the learned counsels for the appellants and the respondents, the trial Judge is directed to dispose of the application of the appellants under Order 7 Rule 11 of the Code and is also directed to finally dispose of the application under Order 39 Rules 1 & 2 of the Code within one month from today. In the meanwhile, the status-quo order as passed on April 02, 2008 by the trial Judge shall continue. With this direction, the appeal is disposed of. REKHA SHARMA, J. MARCH 12, 2010 ka