VIDYA DEVI Vs. KHAYALI RAM

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner has challenged order dated 25.06.2019 passed by the Court of learned Civil Judge, Court No. 2, Ghumarwin, District Bilaspur, HP, in CMA No. 137-6 of 2019 filed in Civil Suit No. 81-1 of 2019, vide which an application filed by the respondent herein under Section 151 of the Code of Civil Procedure for grant of police assistance to implement the order passed by the learned Trial Court in an application so filed by the respondent herein (who is the plaintiff before the learned Trial Court) under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter referred to as the 'Code'), has been allowed.

(2.) I have heard learned Counsel for the petitioner and gone through the impugned order as well as documents appended with the petition.

(3.) Record demonstrates that respondent herein/ plaintiff has filed a suit before the learned Court below praying for a decree for permanent prohibitory injunction for restraining the defendants from causing any interference in the construction work being carried out by the plaintiff over the suit land. Alongwith the suit, an application under Order 39, Rules 1 and 2 of the Code was also filed. On this application, on 24.4.2019, learned Court passed the following order:-