CHHAIL BIHARI Vs. MAHESH CHAND JAIN & ORS.

JUDGEMENT

(1.) HEARD finally with the consent of the learned counsel for the parties. The appellant has preferred this intra court appeal against the order of Single Bench dated 11.2.2013 whereby writ petition filed by respondent No. 1 has been disposed of with certain directions.

(2.) THE respondent No. 1, Mahesh Chand Jain filed a writ petition before the Single Bench with the prayer that the respondent No. 4 (present appellant), be directed not to interfere when the petitioner opens his shop. Submission of the writ petitioner before the Single Bench was that an interim order dated 18.2.2012 was passed in his favour that he will not be evicted forcefully but respondent No. 4 (present appellant) is threatening and not allowing him to open the shop. Learned Single Bench gave liberty to the petitioner to approach the concerned court and it was observed that the said court will be duty bound to ensure the compliance of its own order, if necessary, by requisitioning the police aid.

(3.) SUBMISSION of the learned counsel for the appellant is that the Single Bench was not right in disposing of the writ petition ex -parte by giving liberty to the writ petitioner to approach the trial court and in observing to provide police aid. He further submitted that the interim injunction order dated 18.2.2012 was extended only upto 12.5.2012 and not thereafter and the said fact was not brought to the notice of the Single Bench. He further submitted that in absence of extended injunction order, liberty has been granted to approach the concerned court and observation has also been made to provide police aid, which is not legal and proper, particularly without hearing appellant. He, therefore, submitted that the order of the Single Bench be set aside.