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2023 Supreme(HP) 386

SANDEEP SHARMA
Sanjay Kumar – Appellant
Versus
Vijay Kumar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Naveen Awasthi.
For the Respondents:Mr. M.A. Khan, Senior Advocate with Ms. Hem Kanta Kaushal.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with order dated 13.7.2021 passed by learned Civil Judge (Junior Division), Baijnath, Kangra, Himachal Pradesh in CMA No. 175/2021 in Case No. 13/2021, whereby an application under S.151 CPC having been filed by the petitioner/plaintiff (hereinafter, ‘plaintiff’) seeking therein police assistance for implementation of order dated 3.6.2021, came to be rejected, plaintiff has approached this court in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside order dated 13.7.2021 and direct learned court below to provide police assistance to implement the status quo order, so that nature of suit property is not changed in any manner during the pendency of the suit.

2. Having heard learned counsel for the parties and perused material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this court finds merit in the submission of learned counsel for the plaintiff, that learned court below, while passing impugned order has gone astray. While considering application filed by the plaintiff under S.151 CPC for providing police assistance to

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