ANWARI Vs. MUNICIPAL CORPORATION, GWALIOR

JUDGEMENT

(1.) BY filing this petition under Article 227 of the Constitution, the petitioner has called in question the order dated 10.02.2012 passed in Execution Case No. 367A/94x11, passed by VI Civil Judge Class -2, Gwalior. By this order, the petitioner's application preferred under Order 21 Rule 32 r/w Section 151 CPC is rejected by the Court below. On the basis of finding of this order, the petitioner's execution application is also dismissed by the Court below by order dated 10.02.2012.

(2.) PETITIONER filed a suit for permanent injunction against the respondent / Corporation. The said suit was decided on 28.09.1995. The Court below opined that the notice issued by the Corporation dated 21.01.1992 is a nullify. The respondent was restrained from making any hindrance in the suit property. The case of the petitioner is that respondent / Corporation has demolished the shop of the petitioner on 17.03.2011 and in that place constructing a Police Chauki. Petitioner filed an Execution Case bearing No. 367/A//94 x 11.

(3.) DURING the pendency of this execution proceeding, petitioner filed an application under Order 21 Rule 32 C.P.C (Annexure P/5). In turn, respondent / Corporation filed its reply Annexure P/6 on 19.03.2011. In support of this application, petitioner deposed his own statement by way of affidavit (Annexure P/7). Another witness namely Balveer Singh Birdi entered the witness box on behalf of the petitioner. Both the witnesses were put to cross -examination by the respondent. Thereafter, the Court below decided the application by order dated 10.02.2012. The Court below opined that the petitioner has failed to establish that on 17.03.2011 his shop was demolished by the officers or employees of the corporation. The Court further opined that there is no material on record to show that the aforesaid exercise was undertaken by the Corporation. On the strength of this, his application was rejected. In addition, in para 14 of the order, the Court below opined that in application preferred under Order 21 Rule 32, no directions for maintaining status quo can be issued. Petitioner has not prayed for any relief for sending the officers of the Corporation to civil prison. In absence thereof, no relief can be granted under Order 21 Rule 32 C.P.C.