G.S. Singhvi, J. - (1.) HEARD the learned counsel for the parties and perused the order passed by the learned Sub Judge 1st Class, Karnal.
(2.) IN a suit for injunction filed by the plaintiff petitioners in the Court of Sub Judge 1st Class, Karnal, learned trial Court passed an order on 30.12.1992 partly accepting the request made by the plaintiff petitioners for grant of temporary injunction. After service of notice, learned trial Court passed order dated 5.6.1993 and disposed of the application filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure by passing the following order: "Present: Sh. Vinod Vaid, Advocate, for the plaintiff. Sh. S.K. Gaba, Advocate for the defendants No. 1 to 7,11 and 12. This order shall dispose of an application under Order 39 Rules 1 and 2 read with Section 151 CPC filed by the plaintiffs. Heard. Statement of the counsel for the plaintiff recorded in which he has stated that he will not make any construction to obstruct the water flow besides godown. He will put only lintel on the walls. Keeping in view the statement of the counsel for the plaintiff, the earlier order dated 23.12.1992 is modified. The plaintiff shall make only there construction as stated in his statement. The flow of water course will not be obstructed till the decision of the suit. The application is disposed of accordingly." The plaintiffs/petitioners moved an application before the trial Court for issue of direction or police help for implementation of order dated 5.6.1993. He pleaded that despite a specific order of injunction passed in his favour, the respondents were obstructing his efforts, to put lintel on the walls which had already been constructed. This request of the petitioners was opposed by the respondents who pleaded that the petitioners were making an attempt to block the flow of water and that would causing grave injury to the public at large. Respondents also pleaded that proceedings under Section 133 of Cr. P.C. have been initiated against the petitioners. The Municipal Committee, Karnal who had earlier issued sanction in favour of the petitioners has now passed resolution that the sanction of the site plan already given to the petitioners be withdrawn.
(3.) AFTER considering the rival contentions, learned trial Judge has declined the request of the petitioners for grant of police help.;