DEVENDER KUMAR SHARMA Vs. SANTOSH & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order of the first appellate court dated 1.3.2012 by which the first appellate court has dismissed the first appeal both on the ground of non-maintainability as also on merits. The order of the trial court is dated 11.1.2012 by which an application of the petitioner/plaintiff seeking permission to replace two doors in the disputed shop and for obtaining an electricity connection, was dismissed.

(2.) Since the trial court has dismissed an application filed by the petitioner/plaintiff under Section 151 CPC, at the request made on behalf of the petitioner, this petition is taken as a petition challenging the order passed by the trial court dated 11.1.2012 as first appeal did not lie from the order dated 11.1.2012 passed by the trial court.

(3.) As already stated above, the impugned order dated 11.1.2012 dismissed an application filed by the petitioner/plaintiff in which two reliefs were sought. First relief was that the petitioner/plaintiff should be allowed to change/replace two doors with respect to the shop in his possession and seeking injunction with respect to which shop the subject suit was filed that petitioner/plaintiff should not be dispossessed without due process of law, and the second relief was that plaintiff should be allowed to install an electricity connection. These are the two aspects to be decided in this petition.