RAJ SINGH Vs. RAJBIR AND OTHERS

JUDGEMENT

(1.) This petition is filed for the alleged violation/disobedience of the order dated 19.8.2002. In short, the petitioner filed a suit for declaration and permanent injunction against respondents No.1 to 3 alleging that the suit land was ancestral and has never been partitioned but the respondents have obtained a collusive decree in their favour which was not binding on his rights. The suit was dismissed on 6.12.2001 but civil appeal filed by the petitioner was allowed on 5.6.2002, holding that the property in dispute was ancestral and the collusive decree was bad in law because the petitioner was not a party to it. The judgment dated 5.6.2002 of the Appellate Court was challenged by the respondents by way of RSA No.3432 of 2002 in which notice of motion was issued on 19.8.2002 for 28.10.2002 and parties were directed to maintain status-quo regarding the land in dispute till further orders.

(2.) Counsel for the petitioner has submitted that the respondents started collecting bricks and other construction material on the land in dispute after the order of status-quo without seeking any modification therein and started raising construction. He made a complaint to the SHO, Police Station Kundli, but no action was then. Then he made a complaint to the Superintendent of Police on 2.7.2015. It is alleged that though the police visited the site but no action was taken on the ground that the matter involved was of the civil nature. Hence, the present petition has been filed.

(3.) During the course of hearing, following order was recorded by this Court on 25.7.2016 :-