MONIKA SHARMA Vs. ANURADHA

JUDGEMENT

(1.) IN this writ petition filed under Article 227 of the Constitution of INdia, petitioners plaintiff have prayed for quashing the order dated 18.04.2012 whereby, the application filed by the petitioner plaintiff for providing police aid for execution of the interim order passed by the Court for maintaining status quo, was rejected.

(2.) LEARNED counsel for the petitioner submits that in the suit filed by the petitioners, an application under Order 39 Rule 1, 2 read with Section 151 CPC was filed in which while issuing notice to the respondents, the trial court passed an order to maintain status quo with regard to disputed way (gali) and not to raise any construction in the way (gali). It is submitted by learned counsel for the petitioner that inspite of order passed by the Court for not raising construction, the respondent defendant did not stop the construction, therefore, an application under Section 151 CPC was filed before the trial court for providing police aid to restrain the respondents and comply the order passed by the Court.

(3.) IT appears that finding given in the order impugned that the defendants are not raising any construction upon the way is based upon sound reasons, therefore, in view of the judgment rendered by the Hon'ble Supreme Court in the case of 'Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil' reproted in (2010) 8 SCC 329, no case for interference is made out, more so it is a case in which the petitioner plaintiffs are un- necessarily using the process of Court for their personal satisfaction. Accordingly, the writ petition is hereby dismissed with a cost of Rs.1000/-.