SURENDRA SINGH YADAV Vs. RAJKUMAR

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India has been filed challenging the order dated 11.4.2011 passed by the Fifth Additional District Judge, Bhopal in Miscellaneous Civil Appeal No.49/10 by which the order of the trial Court passed in MJC No.8/09 decided on 23.11.2009 rejecting the application under Section 39 Rule 2(A) has been set aside and the petitioner has been held guilty for breach of injunction, with direction to the trial Court to proceed in the matter in accordance with law.

(2.) On perusal of the facts of this case, it reveals that respondent no.1 has filed a suit seeking declaration of title and permanent injunction. In the said suit, trial Court granted injunction vide order dated 21.10.2008 directing the defendants to not to interfere in the possession of the plaintiff. On filing the appeal by the defendant no.1/petitioner, it was allowed and appellate Court has observed that there is a serious question involved which is required to be tried and the society namely Sangam Grih Nirmit Shahkari Samiti Maryadit, Bhopal has denied title of the plaintiff as well as defendant nos.1 and 2 and challenged the sale deed executed in their favour and also stated that the sale deed of the disputed land has been executed in favour of defendant no.3 Mohd. Salim, therefore, it is directed that the parties shall maintain status quo and "Kacha Kamra" situated on the suit land shall not be removed without leave of the Court and no other construction including the wire fencing be put. It is also directed that as per photograph dated 25.7.2008 filed by defendant no.1/petitioner, the status quo on the spot shall be maintained and defendant no.1 shall remove the tanker and tin shades which are installed over the boundary.

(3.) The plaintiff/respondent filed an application indicating breach of injunction by defendant no.1 by not removing the tanker and the tin shades from the spot along with the photographs of the spot taken on 12.1.2009. The photograph was also published in the Newspaper "Patrika" with news item. It is further alleged that on 10.1.2009, the defendant no.1 has again applied for the electricity connection with the M.P. State Electricity Board, now known as Company, however, said that the petitioner has violated the direction issued by the Court to maintain status quo comparing the photograph dated 25.7.2008 filed by defendant no.1/petitioner and the photograph dated 12.1.2009.