PRITHVI RAJ Vs. SHAMSHER SINGH AND ORS.

JUDGEMENT

(1.) THIS is a revision petition directed against the order dated 16th April, 2002 passed by the Additional Civil Judge (Senior Division), Safidon dismissing the application dated 24th October, 2001 of the plaintiff -petitioner filed under Section 151 of the Code of Civil procedure, 1908 (for brevity, 'the Code') seeking police assistance for harvesting of his crop. The plaintiff -petitioner has filed a suit for permanent injunction for restraining the defendant -respondents from interfering in his peaceful possession and from dispossessing him forcibly. An application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code was also filed and on 15th October, 2001 an ad interim injunction was granted in favour of the plaintiff -petitioner restraining the defendant -respondents from interfering in his possession over the suit land which is continuing till date. Claiming that when the rice crop of the plaintiff -petitioner was standing on the suit land, he filed an application on 24th October, 2001 for police assistance complaining that defendant -respondents were trying to forcibly harvest the rice crop in flagrant violation of the ad interim injunction issued pn 15th October, 2001. The application has been dismissed by the Additional Civil Judge by recording the following order;

(2.) I have heard Sh. S.K.Jain, learned counsel for the plaintiff -petitioner and have perused the file with his assistance.

(3.) I have thoughtfully considered the submissions made by the learned counsel and do not feet impressed with the same because the application which was filed under Section 151 of the Code on 24th October, 2001 praying for police assistance for harvesting the rice crop on the allegation that the defendant -respondents were trying to forcibly cut that crop has been rendered infructuous by the efflux of time. However, the observations made by the Additional Civil Judge in the operative part of his impugned order that ad interim injunction granted by the Additional Civil Judge is still an appealable order could not be approved because the orders passed by the Courts below, even if appealable are required to be respected. Such orders do not loose their significance and force merely because an appeal is provided for challenging such orders. It was the duty of the Additional Civil Judge to take up the application of the plaintiff -petitioner and decide the application expeditiously. Be that as it may.