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2006 Supreme(All) 1602

B.S.CHAUHAN, DILIP GUPTA
JAGANNATHIYA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—This writ petition reveals a very sorry state of affair, wherein the learned civil Court and the revisional Court expressed their inability to enforce the order passed by them, leaving the hapless litigant on the mercy of the so called police administration.

2. The present petitioner filed a Suit No. 477 of 2003 along with an application for injunction, under Order 39, Rules 1 and 2 of the Code of Civil Procedure (hereinafter called C.P.C.). The said application was rejected by the trial Court vide order dated 15.7.2003. Being aggrieved, Revision No. 12 of 2003 was preferred and the revisional Court granted the injunction vide order dated 18.11.2004, to the effect that the respondents were restrained from interfering with the peaceful possession and occupation of the petitioner in respect of the premises in dispute. The order passed by the revisional Court was not complied with. Therefore, petitioner filed an application under Order 39, Rule 2-A, C.P.C. before the trial Court, which stood rejected vide order dated 2nd July, 2005, observing that once the order is passed by the civil Court, it is for the police administration to ensure its complian



























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