SALIM KHAN Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THE petitioner has approached this Court by challenging the order dated 09.09.2015, (Annexure P -11), whereby, the applications filed under Sections 151 and 144 of the Code of Civil Procedure (hereinafter referred to as the CPC) for providing police help for implementation of the interim order dated 25.06.2015 and restitution of the building consisting basement, ground floor, first floor and second floor constructed on property No. 101/187/185, Ward No. 2, situated at Tilak Bazaar, Inside Talaki Gate, Hisar, have been dismissed.

(2.) IT would be apt to refer few facts.

(3.) VIDE same order, the Court also appointed a Local Commissioner, who, inspected the premises, on 26.6.2015, and submitted his report vide Annexure P -3. As per the report, the Local Commissioner found a big signboard in the name of 'Bindal Studio at the entrance of the building and at the basement of the building, there was a Photo Lab/Studio work and many computers, which were being used by several employees. In the ground floor, on its entrance, there was a big counter having the signboard of "Bindal Studio" and the plaintiff, namely, Salim Khan was sitting on the counter along with 2/3 employees. On the first floor, the framing work was being done by the employees of the plaintiff and several frames length were lying there. At the entrance of second floor, one name plate was fixed having name 'Salim Khan son of Rajbir Khan Bindal Studio Tilak Bazaar, Hisar'. It also consisted of a kitchen, lobby and two bed rooms and all the household articles/goods were lying there and two big photo frames of Salim Khan were also hanging on the Walls.