ALHAJ KERAMAT ALI Vs. NONGMAITHEM HEROJIT SINGH

JUDGEMENT

(1.) By the present petition under Article 227 of the Constitution of India read with Sec. 115 of CPC, the petitioners/defendants challenged the impugned order dtd. 11/8/2022 passed by the learned District Judge. Thoubal, in Civil Misc. Appeal Case No. 1 of 2021. By the impugned order, the learned District Judge set aside the order dtd. 15/7/2021 passed by the learned Civil Judge (Senior Division), Thoubal in Judl. Misc. Case No. 53 of 2021 (Ref: O.S. Suit No. 25 of 2021) and allowed the prayer of the respondent/plaintiff and passed an order of temporary injunction in favour of the respondent/plaintiff thereby restraining the petitioners/defendants, his men and privies from interfering in the business of running the disputed oil pump. Vide order dtd. 26/8/2022, this Court stayed the operation of the impugned order dtd. 11/8/2022 passed in Civil Misc. Appeal Case No. 1 of 2021 till the next date and permitted Mr. P. Tomcha, learned counsel for the respondent, to place on record the documents which were filed before the Trial Court and Appellate Court but not in this revision. The interim order is extended from time to time. Vide order dtd. 18/1/2023, this Court gave an opportunity to the parties to attempt a mutually acceptable settlement. As recorded in the order dtd. 2/2/2023 passed by this Court, Mr. Md. Jalaluddin, learned senior counsel for the petitioners/defendants, submitted that his clients were willing to refund a sum of Rs.60,00,000.00 (Rupees sixty Lakhs) in two installments of Rs.30,00,000.00 (Thirty Lakhs) each. However, vide order dtd. 16/2/2023, Mr. P. Tomcha, learned counsel for the respondent/plaintiff, stated that his clients was not willing to take final settlement of Rs.60,00,000.00 (Sixty Lakhs) and submitted that the matter be heard on merit. Accordingly, matter was heard on 28/3/2023 and 3/4/2023.

(2.) The brief fact of the present case is that the respondent/plaintiff filed a suit being O.S. No. 25 of 2021 against the petitioners/defendants in the Court of Civil Judge (Senior Division), Thoubal, inter alia praying that the respondent/plaintiff, his men and agents have every right and authority to operate the disputed petrol pump in the name of M/S Keramat and Sons at Yairipok, Bamon Leikai, Thoubal District, till the determination of the lease as indicated in Money Receipt dtd. 5/2/2021 and also for mandatory injunction against the defendants, their men and privies from causing any disturbance to the plaintiff in the running of business of the disputed property. Along with the suit, the plaintiff also filed an application under Order 39 Rules 1 & 3 CPC, being Judl. Misc. Case No. 53 of 2021 for passing an ad-interim ex-parte injunction restraining the petitioners/defendants, their men and privies from entering the premises of the disputed property and from disturbing the respondent/plaintiff from peaceful operation of the disputed petrol pump. It is also stated that the respondent/plaintiff and petitioners/defendants are jointly running on business as dealers of Petrol/HSD Pump at Yairipok, Thoubal District, being License No. P/EC/MN/14/1(P51851), and the petrol pump was jointly registered in the name of the petitioners/defendants. It is also stated that an agreement between the respondent/plaintiff and petitioners/defendants under which the respondent was allowed to run the petrol pump under a lease and the petitioners/defendants took a sum of Rs.60,00,000.00 (Rupees sixty lakhs) from the respondent/plaintiff and allowed him to run the said petrol pump from the month of February, 2021. The money was received by the petitioners/defendants on 5/2/2021 and necessary money receipt was executed on the same day clearly mentioning the intention of leasing of the petrol pump. Money Receipt dtd. 5/2/2021 acknowledging the receipt of Rs.60,00,000.00(Rupees sixty lakhs) by the petitioners/defendants from the respondent/plaintiff was executed and recorded that the same was in connection with leasing of the petrol pump in the name and style of M/S Keramat and Sons at Yairipok, Thoubal District. It is also stated that due to Lockdown in view of the Covid-19 pandemic, formal lease deed could not be registered. However, the respondent/plaintiff through its employees has been running the petrol pump from the month of February, 2021 and was catering the need of the people even during the lockdown period. It is also stated that the petitioners/defendants started to disturb the plaintiff's business of running petrol pump from 5/6/2021 and threatened him to vacate the petrol pump within 10 minutes. The respondent/plaintiff approached the Superintendent of Police, Thoubal with a report on 7/6/2021 and again on 12/6/2021, but there was no further action. Having no alternative, the respondent/plaintiff approached the Court of the learned Civil Judge (Senior Division), Thoubal, for declaration that the plaintiff, his men and agents have every right and authority to operate the disputed petrol pump till the lease as mentioned in Money Receipt dtd. 5/2/2021 is lawfully determined; and also for a mandatory injunction. Along with the suit, the respondent/plaintiff has also filed an application under Order 39 Rules 1 & 3 CPC, being Judl. Misc. Case No. 53 of 2021 praying for temporary injunction.

(3.) Vide order dtd. 19/6/2021 in Judl. Misc. Case No. 53 of 2021, learned Civil Judge(Senior Division), Thoubal, passed an ex-parte ad-interim order restraining the petitioners/defendants, their men and privies from entering the premises of the disputed property and disturbing the respondent/plaintiff, his men and privies at their peaceful operation of the petrol pump till the disposal of the application or modification of the order and fixed the matter on 30/6/2021 for appearance and filing of the written objection.