R.S. Chauhan, J. - (1.) SINCE the learned members of the Bar are abstaining from work, Mr. Raj Kumar Jain, petitioner No. 2 and Mr. Pramod Kumar Jain, the respondent No. 2, have appeared before this Court to argue the case.
(2.) THE petitioners have challenged the order dated 22.9.2012 passed by the Civil Judge (Jr. Division) and Judicial Magistrate No. 1, Alwar, whereby the learned Magistrate has dismissed an application filed by the petitioner under Section 151 CPC. It is the case of the petitioners that they had filed a civil suit for permanent and mandatory injunction against the respondent No. 2. By order dated 30.7.2011, the learned Magistrate had directed both the parties to maintain status quo with regard to the property in dispute. However, despite status quo order, allegedly the respondent No. 2 started construction and has raised construction on the ground floor and the first floor, thereby closing windows, spouts and balconies belonging to the petitioners. Hence, the petitioners moved an application under Section 151 CPC for restoration of the status quo ante. By order dated 22.9.2012, the learned Magistrate dismissed the said application. However, the petitioners have frankly conceded that the application filed by him under Order 39 Rule 2 -A CPC is still pending.
(3.) MR . Raj Kumar Jain petitioner in person, has pleaded that in order to substantiate his plea, that the respondent No. 2 was violating the status quo order, he had submitted photographs showing the position of the property in dispute prior to the order of status quo, and subsequent thereto. However, the learned Magistrate has dismissed his application without paying any heed to the documentary evidence produced by him. Thus, the impugned order deserves to be set aside.;;