JAGAN NATH Vs. SHIV RAM

JUDGEMENT

(1.) THE petitioner by way of this petition under Article 227 of the Constitution of India, has challenged the order dated 5.5.2011, passed by the learned Civil Judge (Jr. Division), Court No.II, Sundernagar, District Mandi, vide which he rejected the application filed by the petitioner under Section 151 C.P.C. for directions for locking the door of the latrine and for police help to implement the said order. A notice of the petition was issued to the respondents.

(2.) I have gone through the certified copy of the order passed by the learned Civil Judge(Jr. Division). A perusal of the said order shows that the learned trial Court had observed that the grievance of the petitioner is concerned in regard to violation of the stay order by the respondents. It was alleged that a septic tank was constructed by the respondents even after the stay order and, therefore, the door of the latrine should be locked in order to implement the said stay order. A perusal of the record shows that the order of status quo was passed by the trial Court and thereafter the petitioner filed the present application under Section 151 C.P.C. for police help to lock the latrine, which he allegedly constructed inspite of the order of status quo.