BHARAT KUMAR Vs. KARAM CHAND

JUDGEMENT

(1.) (Oral) The only prayer made in this petition is that the learned lower Appellate Court be directed to dispose of the application filed by the present petitioner for providing police assistance to him to ensure compliance of the order of status-quo passed by it.

(2.) A perusal of the record shows that the appeal relates to the year 2006. An interim order was passed on 22nd April, 2010 whereby the appellant and respondent No.1 were directed to Whether the reporters of local papers may be allowed to see the Judgment? Yes. maintain status-quo qua the property in question. The grievance of the petitioner is that despite the order of status quo respondent No.1 in connivance with respondent No.2 has continued to raise construction and he, therefore, filed an application praying that police assistance be granted to him to ensure that the order of the Court are complied with in letter and spirit. This application was filed on 28th May, 2010. It is indeed shocking that such an application is not disposed of for almost 5 months. No doubt, the learned Court below has the jurisdiction to decide whether police assistance is to be granted or not but this is an application which is urgent in nature and therefore, should have been disposed of at the earliest. Notice is not being issued to the other side since the only order which I intend to pass is to direct the learned lower Appellate Court to dispose of this application at the earliest.

(3.) The learned Additional District Judge, Mandi, is directed to ensure that the application filed by the petitioner is disposed of latest by 15th December, 2010. In fact, the learned lower Appellate Court should make an attempt to dispose of the appeal itself by the said date alongwith this application itself since the appeal relates to the year 2006. The Registry is directed to send a copy of this order to the Additional District Judge, Mandi, by FAX within three days from today. Dasti copy.