BASANT KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 24.2.2015 (Annexure P/5).

(2.) THE petitioner filed a suit for declaration and permanent injunction. In addition, he filed an application under Order 39 Rule 1 and 2 CPC. This application was decided by a bi -parte order on 22.11.2014 (Annexure P/3). The court below granted injunction in favour of the petitioner. The petitioner then filed an application under Section 94 read with Section 151 CPC contending that the respondent/department has put a lock on the rooms of the suit property and therefore, petitioner is not able to enjoy the injunction order. It is prayed that the defendants be directed to open the said lock. The respondents filed the reply to this application. The court below by order dated 24.02.2015 rejected the application.

(3.) CRITICIZING this order, Shri Deepak Shrivastava submits that in Annexure P/3 there is a prima facie finding by the court below that petitioner is having a patta under Rajiv Gandhi Ashram Yojana, 1998 and he is in possession. The court below has not dealt with this aspect while dealing with the subsequent application by an order impugned. The court below unilaterally relied on the report of Sub Divisional Officer, Chanderi dated 09.01.2015. The finding of the court below in this regard runs contrary to injunction order which is still in existence.