JAGE RAM Vs. HARI SINGH

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the impugned order dated 28th October, 1996, whereby the trial Court has ordered that necessary police help be given to the plaintiffs so as to implement the order of status quo with regard to the suit property.

(2.) THE plaintiff/respondent had brought this suit for permanent injunction restraining the defendant from interfering in his peaceful possession over the suit land comprised in Khasra Nos. 159/1/2 measuring 25 bighas 6 biswas, which is a part of the suit land. Alongwith the suit, an application under Order 39 Rules 1 and 2 of the C.P.C. was also filed. With the consent of the parties, the trial Court had directed the parties to maintain status quo qua the suit land till the decision of the main suit as per order dated 16th February, 1995 - Annexure P-1. Later on, the plaintiff moved an application for providing him police help in order to implement the order dated 16th February, 1995, Annexure P-1. The application was resisted by the defendant now petitioner. However, it was allowed vide order under challenge in this revision petition.

(3.) BE that as it may, that the defendant had tried to interfere in the possession of the plaintiff/respondent as stated above that the term status quo specifically indicates that question of possession is in fluid stage and it has not been finally decided as to which of the party is in possession of the suit land. To establish this fact, the parties are required to lead the evidence in support of their respective contentions.