Jagan Nath vs Shiv Ram, Dandu Ram, Sunder Singh and Dinesh Kumar @ Naresh Kumar

Justice V.K. Ahuja, J.—The petitioner by way of this petition under Article 227 of the Constitution of India, has challenged the order dated 5.5.2011, passed by the learned Civil Judge (Jr.Division), Court No.II, Sundernagar, District Mandi, vide which he rejected the application filed by the petitioner u/s 151 C.P.C. for directions for locking the door of the latrine and for police help to implement the said order. A notice of the petition was issued to the respondents.

I have gone through the certified copy of the order passed by the learned Civil Judge(Jr. Division). A perusal of the said order shows that the learned trial Court had observed that the grievance of the petitioner is concerned in regard to violation of the stay order by the respondents. It was alleged that a septic tank was constructed by the respondents even after the stay order and, therefore, the door of the latrine should be locked in order to implement the said stay order. A perusal of the record shows that the order of status quo was passed by the trial Court and thereafter the petitioner filed the present application u/s 151 C.P.C. for police help to lock the latrine, which he allegedly constructed inspite of the order of status quo.

A perusal of the impugned order shows that the learned trial Court has clearly observed that the petitioner has the remedy under Order 39 Rule 2A of the CPC to seek redressal of his grievance and accordingly he rejected the prayer made by the petitioner for grant of police help. It is clear that the order does not suffer from any illegality and cannot be interfered with. The application was rightly rejected by the learned trial Court by observing that the petitioner had remedy under Order 39 Rule 2A of the CPC to seek redressal of the grievance. In view of the above discussion, the impugned order does not suffer from any illegality to be interfered with and as such the present petition is dismissed accordingly, so also the pending miscellaneous application(s), if any. Copy of the order be sent to the learned trial Court for information and for proceeding with the case. Record of the case, if summoned, be returned accordingly.