- (1.) IN this writ petition filed under Article 227 of the Constitution of INdia, petitioners plaintiff have prayed for quashing the order dated 18.04.2012 whereby, the application filed by the petitioner plaintiff for providing police aid for execution of the interim order passed by the Court for maintaining status quo, was rejected.
(2.) LEARNED counsel for the petitioner submits that in the suit filed by the petitioners, an application under Order 39 Rule 1, 2 read with Section 151 CPC was filed in which while issuing notice to the respondents, the trial court passed an order to maintain status quo with regard to disputed way (gali) and not to raise any construction in the way (gali). It is submitted by learned counsel for the petitioner that inspite of order passed by the Court for not raising construction, the respondent defendant did not stop the construction, therefore, an application under Section 151 CPC was filed before the trial court for providing police aid to restrain the respondents and comply the order passed by the Court. It is submitted that trial court rejected the said application on the ground that if any dis-obedience is committed by the defendants then plaintiffs can prove by evidence in the suit so also can take recourse of initiating contempt proceedings against them and refused to provide police aid. As per petitioner's counsel, the order is illegal and arbitrary because it is the duty of the respondents to maintain dignity of the Court and if not then, court is required to take appropriate action against the person who contravenes the direction issued by the Court. In support of the contention, learned counsel invited my attention to the following judgments :- (i)Sunil Kumar Haldar & Ors Vs. Nishikanta Bhandary & Ors AIR 1983 Calcutta 266 (ii)Rayapati Audemma Vs. Pothineni Narasimham AIR 1971 AP 53 (iii)Mangi lal Vs. Ichku Devi & Ors AIR 1999 Rajasthan 6 While citing aforesaid judgment, it is prayed that the order impugned may be quashed and while allowing application under Section 151 CPC, directions may be issued to the police for providing police aid to restrain respondent defendant from raising construction. After hearing learned counsels, I have perused the order impugned. It is specifically observed by the trial court while deciding application filed under Section 151 CPC that defendants are raising construction upon their own land and there is no material on record to prove that defendants are raising construction upon the way (gali). Further it is observed by the trial court that if any dis-obedience is committed by the defendants, then petitioner can adduce evidence in the suit to prove the said fact. In my opinion, the finding given by the trial court in rejecting the application filed under Section 151 CPC does not require any interference because the petitioners are raising dispute with regard to way in front of defendant's plot and there is specific finding in the order that defendants are not raising any construction upon the way in question.
(3.) IT appears that finding given in the order impugned that the defendants are not raising any construction upon the way is based upon sound reasons, therefore, in view of the judgment rendered by the Hon'ble Supreme Court in the case of 'Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil' reproted in (2010) 8 SCC 329, no case for interference is made out, more so it is a case in which the petitioner plaintiffs are un- necessarily using the process of Court for their personal satisfaction. Accordingly, the writ petition is hereby dismissed with a cost of Rs.1000/-.;