LAWS(P&H)-2024-9-30

MAHIPAL Vs. JAIN SINGH

Decided On September 13, 2024
MAHIPAL Appellant
V/S
Jain Singh Respondents

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the impugned order dtd. 30/8/2024 (Annexure P-12) passed by the Civil Judge (Junior Division), Karnal whereby the application for grant of police help has been allowed.

(2.) Brief facts of the present case are that the respondents had filed a suit for permanent injunction restraining the petitioners from interfering/dispossessing the respondents from the land measuring 23 kanals 0 marlas as detailed in para No.2 of the plaint. Along with the suit, an application under Order 39 Rules 1 and 2 of CPC was also filed. The trial Court after hearing both the parties, had allowed the said application vide order dtd. 31/8/2023 in the following terms :-

(3.) A perusal of the impugned order dtd. 30/8/2024 (Annexure P-12) would show that against the said order dtd. 31/8/2023, the petitioners had filed an appeal which was dismissed by the Additional District Judge, Karnal on 7/11/2023 and the petitioners had further filed a revision petition which was dismissed by this Court vide order dtd. 8/5/2024, and although the said orders have not been annexed but the said aspects have not been disputed by the learned counsel for the petitioners before this Court. It is thus, apparent that the positive order of injunction granted in favour of the respondents has attained finality.