MARGAO MUNICIPAL COUNCIL Vs. PANDURANG KUSTA ALVE

JUDGEMENT

(1.) THIS revision arises from the Order dated 29th December, 1998 passed the Addl. District Judge, Margao in Misc. Civil Appeal No. 31/98 whereby by the lower Appellate Court has dismissed the said appeal filed by the petitioners herein. The said appeal was against the order dated 29th April, 1998 passed by the Civil Judge, Junior Division, Margao in Civil Misc. Appln. No. 247/97/e and Civil Misc. Appln. No. 362/97/e in Regular Civil Suit No. 49/1973/e, whereby the trial Court in exercise of the powers under Order 39, Rule 2-A of C. P. C. had directed the petitioners to re-erect the suit shops and to restore them in the condition in which the same were existing prior to the demolition on 22nd July, 1997 within thirty days of the order, failing which the petitioner No. 2 has been ordered to be detained in prison for a period of one month.

(2.) THE case of the plaintiffs/respondents is that the trial Court had granted temporary injunction by the order dated 6-3-1973 on the basis of the undertaking given by the petitioners not to remove or interfere with the suit shops till the disposal of the said suit; however, on 22-7-97 the petitioners all of a sudden accompanied by the Mamlatdar, Policemen and labourers, demolished the suit shops without any prior notice. On the other hand, it is the case of the petitioners that neither the petitioner No. 2 came across any such order of temporary injunction, nor the respondent could produce any copy of any order and since the suit shops were erected on the Municipal drain, in exercise of their powers and duties under the Municipalities Act and in view of the direction issued by this Court by its Order dated 4-6-97 in Writ Petition No. 148/97, the suit shops were removed.

(3.) THE trial Court held that the petitioners had knowledge of the Order dated 6-3-73 and inspite of that, they disobeyed the said Order and that the Order dated 4-6-97 in Writ Petition No. 148/97 passed by this Court does not apply to the matters which are sub judice and therefore the remedy would lie in undoing the wrong of restoring the status quo ante and directed the petitioners to re-erect the suit shops and restore the same as existed prior to the demolition on 22-7-1997 within thirty days from the date of the order.