OM PRAKASH JAIPURIA Vs. JAIPUR NAGAR NIGAM

JUDGEMENT

(1.) THE petitioners herein have filed this writ petition for a direction to the respondent No. 1- Jaipur Nagar Nigam to comply with the order of status quo passed in Civil Suit No. 58/05 in favour of the petitioners by the Additional Civil Judge (Junior Division) cum Judicial Magistrate Ist Class No. 4, Jaipur City, Jaipur. THE order of status quo appears to have been passed on an application for temporary injunction filed by the plaintiff-petitioners. THE petitioners herein have urged that inspite of the order of status quo having been passed in their favour by the Civil Court, Respondent No. 2 has been proceeding with the illegal construction activities including constructions of a room on the disputed premises.

(2.) A perusal of the facts of the case enumerated by the petitioners disclose that the petitioners had filed a civil suit before the Court of Additional Civil Judge (Junior Division) cum Judicial Magistrate Ist Class Court No. 4, Jaipur City, Jaipur for permanent injunction and for demolition of the construction carried by the respondent No. 2 for which they had also filed an application for grant of temporary injunction in the Civil Suit. After issurance of notice to the defendant-respondent No. 2 on this application, the Additional Civil Judge (Junior Division) cum Judicial Magistrate Ist Class Court No. 4, Jaipur City, Jaipur finally passed an order and directed the parties to maintain status quo over the disputed land and property in question, but it has been alleged that the respondent No. 2 inspite of the order of status quo passed in the suit, continued with the construction work in total defiance of the order of status quo passed by the Court and hence this writ petition has been filed for a direction to the respondents to abide by the order of injunction passed in favour of the petitioner.