BALDEV SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) THIS petition has been filed against the concurrent findings of the two courts below dismissing the application filed by the petitioner under Order 39 Rule 2A of the Code of Civil Procedure. The first respondent Smt. Seti Devi has been deleted by the order of this Court on 25.6.2009. The case of the petitioner was that he had filed a suit for permanent prohibitory injunction restraining the respondents Smt. Setti Devi and Sh. Karam Singh from causing interference or raising construction on the suit land. An application under Order 39 Rules 1 and 2 C.P.C. was also filed and in that application ad -interim ex parte injunction order was passed restraining the respondents from raising any kind of construction. This order was confirmed on 18.3.2004. The case of the petitioner is that the second respondent Sh. Karam Singh son of Smt. Seti Devi was aware about the ex parte ad interim order passed on 30.10.2003 as also the order dated 18.3.2004 but despite this, the construction was carried out on the suit land in violation of the Court orders.

(2.) THE spot was inspected by the members of the Gram Panchayat, who found that the construction was in progress. The land was demarcated by the revenue agency in the absence of the petitioner. An application under Order 26 Rule 9 read with Section 151 C.P.C. was filed by the petitioner for the appointment of Local Commissioner to demarcate the land in order to ascertain infraction of the order.