- (1.) Narendre Kumar Jain, J. - Heard learned counsel for the parties.
(2.) Plaintiff-Respondent No. 2 Mst. Bhanwar Bai filed a suit for permanent injunction in the trial court against the defendants-Respondents No. 3 to 7. On an application filed by the plaintiff, trial court passed an order for maintaining status quo in respect of disputed property. The plaintiff thereafter filed an application under Section 151 C.P.C. stating therein that despite grant of injunction order dated 24.05.2008, the defendants continued their construction on 25.05.2008, therefore, the same may be ordered to be removed with Police aid. Trial court vide order dated 24.05.2010 allowed the application and directed that Police aid will be provided for removal of construction of the defendants as per report dated 15.06.2008 of Shri Vijay Kumar Sharma, Site Commissioner. Being aggrieved with the same, the petitioner has preferred this writ petition on the ground that the petitioner was not a party to the suit, so-called construction belongs to the petitioner's school, which has been ordered to be demolished without hearing the petitioner, therefore, impugned order dated 24.05.2010 is violative of principles of natural justice.
(3.) Submission of learned counsel for the petitioner is that the petitioner was not impleaded as party in the suit filed by the Respondent No. 2 against Respondents No. 3 to 7 and an order for demolition of construction of the petitioner with the Police aid has been passed. He further submitted that since the petitioner was not a party to the suit or application for temporary injunction, therefore, interim injunction order passed in the matter was not binding upon him, therefore, impugned order may be set aside.;