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2023 Supreme(HP) 463

AJAY MOHAN GOEL
Shashi Sharma – Appellant
Versus
Lalit Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. G.R. Palsra.
For the Respondents: Mr. K.B. Khajuria.

JUDGMENT :

(Ajay Mohan Goel, J.)

By way of this petition filed under Article 227 of the Constitution of India, the petitioners have challenged order dated 01.12.2023, in terms whereof, the learned Civil Judge, Court No.3, Mandi, District Mandi, H.P., has allowed an application filed by the respondents herein for grant of police assistance for the implementation of an ad-interim order dated 28.09.2023.

2. Brief facts necessary for the adjudication of the present petition are that that the petitioners herein have filed a Civil Suit against the respondents. The suit is for Permanent Prohibitory Injunction. Alongwith the suit, the petitioners have also preferred an application under order 39 Rule 1 and 2 of the Code of Civil Procedure. Learned Trial Court, vide order dated 28.09.2023, copy whereof is appended with the petition as Annexure P-5, ordered the parties to maintain status quo qua possession till the next date of hearing, in interest of preservation of the property. Subsequently, an application was filed by the respondents herein, i.e., the defendants before the learned Trial Court under Section 151 of the CPC for providing police assistance for the implementation of the interi

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