BALDEV SINGH Vs. KARTAR SINGH
LAWS(HPH)-1997-5-45
HIGH COURT OF HIMACHAL PRADESH
Decided on May 30,1997

BALDEV SINGH Appellant
VERSUS
KARTAR SINGH Respondents


Cited Judgements :-

PRONAB PAL VS. TAPAN PAL [LAWS(CAL)-2017-7-104] [REFERRED TO]


JUDGEMENT

P.K.PALLI, J. - (1.)This revision petition is being disposed of, on merits at the admission stage with the consent of the learned Counsel for the parties
(2.)The challenge has been made to the order passed by the Sub -Judge, Mandi dated 20 -24997 whereby an application filed by the plaintiff for police assistance, has been allowed. The copy of the order was further directed to be sent to the Station House Officer for strict compliance
(3.)It is quite painful to see that the dispute is between the father and his only son. The suit has been filed by the father Kartar Singh against his son Baldev Singh who is the petitioner before this Court claiming a decree for permanent injunction restraining the defendant son from interfering in his shop, hotel business and other property, By way of an interim injunction dated 9th December, 1996, ex -pane injunction was granted restraining the defendant from interfering in the possession, management and control of the plaintiff in respect of his property, hotel business and shop. The next date fixed by the Court for the service of the defendant was 4 -1 -1997 on which date the defendant put in appearance through counsel. The presiding officer was on leave on that date and consequently the case was adjourned to 16 -1 -1997. Again the presiding officer was on leave and the file was ordered to be put up on 21 -1 -1997. Strangely, the plaintiff moved an application for police assistance on the ground that the order passed on 9th December, 1996 was being defied. Order for police help was passed on that date. In the meantime, the defendant is said to have filed his reply to the application under Order 39, Rule 1 and 2, C.P.C. moved by the plaintiff and had also filed separate application seeking vacation of the stay order.


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