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2009 Supreme(P&H) 1552

VINOD K.SHARMA
Iqbal Singh – Appellant
Versus
Mridu Nagpal – Respondent


Judgment

Vinod K.Sharma, J.

1. The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India for quashing the orders dated 17.2.2009 passed by the learned Civil Judge (Senior Division), Jalandhar. The orders are attached as Annexure P.9 and P.10 with this revision petition.

2. By way of impugned order Annexure P.9 application moved by the petitioner for expunging the application under section 151 of the Code of Civil Procedure (for short the Code) for providing police help has been ordered to be dismissed. The petitioner had claimed this relief on the plea that the application under section 151 of the Code was, in fact, moved in a petition under Order 39 Rule 2-A of the Code and therefore, it could not be taken on record of the civil suit.

3. Learned counsel for the partitioner did not press revision petition qua this order. Consequently order Annexure P.9 is upheld.

4. By way of order Annexure P.10, application moved by the respondents for providing police help for enforcing the order dated 17.11.2008 was allowed.

5. The respondents filed a suit for permanent injunction along with an application under Order 39 Rules 1 and 2 of the Code. Th










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