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Judgment
R. Basant, J.—Petitioners have come before this Court with this petition for issue of directions under Article 226 of the Constitution of India to Respondents 1 and 2 not to get involved in the civil dispute between the Petitioners on the one hand and Respondents 3 and 4 on the other.
The 1st Petitioner had filed a civil suit against Respondents 3 and 4. Respondents 3 and 4 in that case had raised a counter claim. Suit was dismissed and the counter claim was decreed. Long later, Respondents 3 and 4 filed an execution petition complaining about violation of the decree. That petition has been dismissed vide order dated 14.02.2011 in E.P. No. 40 of 2011 in O.S. No. 41 of 2006. According to the Petitioners, faced by the reverse in the attempt to execute the decree, Respondents 3 and 4 are prevailing upon the 2nd Respondent in an attempt to vex and harass the Petitioners and grab property in the possession of the Petitioners. They are not entitled to do the same. The police/2nd Respondent is not entitled to intervene in the civil dispute and vex and harass the Petitioners to compel them to make any concession in favor of Respondents 3 and 4. It is with these averments that the Petitioners have come before this Court with this petition.
Respondents 3 and 4 have entered appearance through a counsel. Counsel only prays for time to file counter affidavit. The learned Government Pleader on behalf of Respondents 1 and 2 submits that it is true that a complaint/petition has been received from Respondents 3 and 4. That complaint was looked into by the police. The police are now satisfied that in the wake of dismissal of the execution petition, the police cannot do anything in the matter and the parties must seek relief if any from the court which passed the decree or the execution court. If aggrieved, the parties have to challenge the order passed by the Execution Court. In these circumstances, the learned Government Pleader on behalf of the 2nd Respondent undertakes that the 2nd Respondent shall not in any way intervene in the civil dispute between the Petitioners on the one hand and Respondents 3 and 4 on the other.
The learned Counsel for the Petitioners submits that in the wake of that submission by the learned Government Pleader, the Petitioners do not want to seek any further relief.
The learned Counsel for Respondents 3 and 4 on the other hand submits that if there is any acts of violence/crime committed against Respondents 3 and 4 by the Petitioners, the Petitioners must have the option to complain before the police and the police must in that event discharge their obligations under law. The learned Government Pleader submits that undertaking is only that the police shall not intervene in the civil dispute between the Petitioners and Respondents 3 and 4. If there is allegation of commission of crimes against any one of them. Petitioners or Respondents 3 and 4, the police shall take necessary steps in accordance with law on such complaints, submits the learned Government Pleader.
In the light of that clarification by the learned Government Pleader, we are satisfied that no further directions are necessary.
Recording the submission of the learned Government Pleader, this Writ Petition is dismissed as agreed.