HARIVANSH SINGH Vs. GANGA RAM AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner -defendant No. 1 aggrieved against order dated 20.07.2005 passed by Civil Judge (Junior Division), City South, Udaipur and order dated 12.12.2014 passed by Additional District Judge No. 2, Udaipur, whereby, the application filed by respondent No. 1 -plaintiff under Order XXXIX, Rule 1 and 2 CPC and application under Section 151 CPC have been accepted and the appeal filed by the petitioner has been rejected, respectively.

(2.) RESPONDENT No. 1 -plaintiff - Ganga Ram filed a suit for permanent injunction against petitioner - Harivansh Singh, Ejaj Ahmed and Sharif Mohammed, inter alia, with the averments that the petitioner was in possession of plot of land situated at Rata Kheta, Tehsil Girwa, District Udaipur and was conducting business of building material in the name of Guru Kripa Building Material and has set up a office; the defendants were threatening the plaintiff to handover the possession of the plot and the rooms to them and as defendant No. 1 was a influential person, he could indulge in some serious incident and, therefore, he needs to be restrained and sought relief against his dispossession from the plot/rooms in question; along with the suit an application under Order XXXIX, Rule 1 and 2 CPC was also filed.

(3.) THE trial court by its order dated 20.03.2001 appointed local Commissioner for inspecting the disputed plot, who submitted his report on 21.03.2001; it was, inter alia, indicated by the Commissioner in his report that counsel for the parties were informed about the inspection, though plaintiff and counsel for the plaintiff were present, defendant and counsel for the defendant till 06:00 PM did not appear and, whereafter reported that gate at the entrance of the plot indicated Guru Kripa Building Materials Suppliers, the lock of the gate was opened by plaintiff, the rooms in the plot were opened by the plaintiff and in one room certain building material, letter pad, bill books etc. of Guru Kripa Building Materials Suppliers were lying; whereafter, the trial court by its order dated 21.03.2001 after hearing the parties directed that till the next date, both the sides would maintain status quo as it existed on that day and restrained the defendants from dispossessing the plaintiff from the suit property.