SATPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed under Article 227 of the Constitution of India against the impugned order dtd.2.7.2011 passed in Civil Suit No.33/2011 � Satpal V/s State of Rajasthan and ors. in which the learned trial Court has rejected the application of the plaintiff under Section 151 C.P.C. refusing to modify the order dtd.28.5.2011 on the ground that if the plaintiff was aggrieved by the alleged non-compliance of the said order by the defendant � Irrigation Department Authorities, they could file application under Order 39 Rule 2A C.P.C.

(2.) THE learned counsel for the petitioner, Mr. Sushil Kumar Bishnoi submitted that the respondents � defendants could not have restored the status-quo ante as it existed on 26.5.2011 in utter breach of order dtd.28.5.2011 passed by the Court directing status quo and therefore, the order dtd.28.5.2011 required modification and the learned trial Court has erred in rejecting the application of the plaintiff under section 151 C.P.C. filed for this purpose.