PUSHPA DEVI AND ANOTHER Vs. LAKHAN SINGH
LAWS(UTN)-2013-12-138
HIGH COURT OF UTTARAKHAND
Decided on December 28,2013

Pushpa Devi And another Appellant
VERSUS
LAKHAN SINGH Respondents

JUDGEMENT

- (1.) Learned Trial Court, vide order dated 18.09.2012, passed in O.S. No. 432 of 2012, was pleased to decide the application moved under Order 39 Rule 1 and 2 of the C.P.C. directing the defendant respondent herein not to interfere in the possession of the plaintiffs over the land khasra No.285 M, measuring 0.405 hectare, village Gular Goji, Tehsil Jaspur, District Udham Singh Nagar by raising illegal construction or otherwise during the pendency of the suit. Local Commissioner was appointed who has submitted his report about the status of the property. Plaintiff petitioners herein thereafter moved an application under Order 39 Rule 2-A of the C.P.C. stating that defendant in violation of injunction order dated 18.09.2012 destroyed crop standing on the property and have demolished the temporary structure and have taken away some goods. Thereafter, one application under Section 151 C.P.C. was also moved before the Trial Court in original suit seeking direction to the Inspector In-charge, Kotwali Jaspur to restrain the defendant not to make interference in the possession of the plaintiffs over the property in question as directed by the Trial Court vide order dated 18.09.2012.
(2.) Application moved under Section 151 C.P.C. was dismissed by the Trial Court vide order dated 19.10.2013 and civil revision also came to be dismissed vide order 27.11.2013, thereafter, plaintiff petitioners herein have invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India.
(3.) In the humble opinion of this Court, if injunction order is violated, Order 39 Rule 2-A of the C.P.C. can be pressed in service and learned Trial Court may issue appropriate direction to the Police under Section 151 C.P.C. to ensure the compliance of interim injunction order.;


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