HARVINDRA KUMAR Vs. BRIJLAL & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 19.3.2015 passed by the trial court, whereby the application filed by the petitioner under Sec. 151 Code of Civil Procedure has been rejected.

(2.) The petitioner filed a suit for injunction alongwith an application under Order 39, Rule 1 & 2 CPC. The application was accepted by the trial court by its order dated 24.2.2014 and it was directed that till the disposal of the suit, the defendant would maintain status quo regarding the way between Plot No.C- 63 and B-161 and the defendant would be free to raise construction by leaving the disputed way.

(3.) After the order was passed, the present application under Sec. 151 Code of Civil Procedure was filed by the petitioner on 20.1.2015, interalia alleging that after passing of the interim order by the trial court, the defendant has collected sand around the way resulting in the entire way being flooded with water resulting in violation of the interim order. It was contended that the petitioner has already filed application under Order 39, Rule 2A Code of Civil Procedure and the petitioner be directed to remove the sand in question so as to ensure proper ingress and egress from the way in question.