Mohan Lal v. Balvir Ram & Ors.

CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.R.K.Singla, Advocate, for the petitioner. Mr.Malkeet Singh, Advocate, for the respondent. A.N.JINDAL, J(ORAL): ***** This revision petition preferred by the petitioner-plaintiff (herein referred as 'the petitioner') is directed against the order dated

27.11.2008, passed by Civil Judge (Junior Division), Phillaur . Learned counsel for the respondents-defendants (herein referred as 'the defendants) has brought to my notice copy of zimni order dated 14.08.2007, which reads as under:- “Today the case is fixed for arguments on application moved by plaintiff under Section 151 C.P.C. for providing police assistance. Sh.N.K.Gupta, learned counsel for the defendants stated that there is no dispute regarding existence of passage and defendants are not going to raise any construction and are not going to change the nature of the suit property he is ready to furnish an affidavit regarding that. In view of the affidavit furnished by the learned counsel for defendants, Mr.Jaspal Kaler, learned counsel for the plaintiff made a statement in the Court that he does not press the application under Section 151 CPC for providing the police help. Accordingly, the Civil Revision No.7034 of 2008 (O&M) application under Section 151 CPC is disposed off being not pressed.” In view of the affidavit, furnished vide order dated 14.08.2008, certainly injunction application was not required further decision. Consequently, in view of the affidavit, furnished by the defendant, there was no requirement for ordering the police help. However, the counsel for the respondents has stated that even after filing of the affidavit and making the statement in the Court by Sh.N.K.Gupta, Advocate, the petitioners have again violated the order of injunction, that is why, the necessity for asking police help arose. In any case, in view of the statement made by Sh.N.K.Gupta, Advocate, as well as the affidavit furnished by the defendants, there was no necessity for ordering the police help. As such, this revision petition is accepted. The impugned order is set aside. However, the defendants shall remain bound by the affidavit, furnished by the defendants, as well as the statement made by Sh.N.K.Gupta, Advocate, and in violation of this undertaking given by Sh.N.K.Gupta, Advocate as well as the defendants by way of affidavit, the Court will issue prosecution of the defendants-petitioners under the relevant provisions of law. The defendants would remove encroachment by way of manure heaps in the passage within one month from today.

15.07.2009 mamta-II (A.N.Jindal) Judge This petition is disposed of without issuing notice to the respondents with a view to imparting complete justice to the parties and to save huge expenses which may be occurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. If, still dissatisfied, the respondents may move this Court for recalling this order.