HIGH COURT OF HIMACHAL PRADESH
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(1.)The present respondent was the plaintiff before the learned trial Court. The plaintiff had filed a suit for permanent prohibitory injunction and for grant of mandatory injunction. The suit land in the case at hand bears Khasra Nos.234 and 241 situated at Mohal Rauni, Tehsil Theog, District Shimla. On Khasra No.234, there exists an apple orchard of the present respondent/plaintiff. Khasra No.241 is co-owned by the respondent/plaintiff and the present petitioners/defendants. In the suit so filed, the respondent/plaintiff claims a right of access to Khasra No.234 from Khasra No.241.
(2.)In the aforesaid suit, vide order dtd. 9/9/2022, learned trial Court had restrained the present petitioners/defendants from obstructing or creating any type of hindrance or interference in any manner in the free access of the applicant over the passage passing through the suit land compromised in Khasra No.241. Post passing of the aforesaid order, the matter was listed on 29/9/2022 for effecting service of the plaintiff/respondent. Compliance under Order 39 Rule 3 of the Code of Civil Procedure, 1908 (for short, "CPC") was required to be made within the stipulated time.
(3.)The copy of the aforesaid order was duly served upon the petitioners/defendants. Despite being aware of the same, the petitioners/defendants had restrained the respondent/plaintiff from the use of the passage over Khasra No.241. In view of the aforesaid, present respondent/plaintiff was forced to approach the Police Post, Matiyana. The complaint so made was registered vide Nakal Rapat No.16 in Rojnamcha dtd. 15/9/2022. Since the Police took no action to implement the aforesaid impugned order passed by the trial Court dtd. 9/9/2022, therefore, the plaintiff/respondent was constrained to approach the trial Court by moving an application under Sec. 151 of the Code of the CPC, seeking Police assistance. The said application was instituted on 19/9/2022. The next date in the matter was fixed for 26/9/2022. On the said date, the present petitioners/defendants put in appearance, filed their written statement and adopted the same as reply to the application under Sec. 151 of the CPC wherein Police assistance was being sought.
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