IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA th ON THE 25 OF APRIL, 2024 MISC. PETITION No. 5561 of 2023 BETWEEN:-

PAWAN AWASTHI S/O DWARKA PRASAD AWASTHI, AGED ABOUT 45 YEARS, OCCUPATION: SERVICE MUKHY NAGAR PALIKA ADHIKARI R/O NARSINGHGARH AT PRESENT SHUJALPUR DISTT.

SHAJAPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AVINASH KUMAR KHARE - ADVOCATE)

AND JAGANNATH S/O HUSANLAL KHATIK, AGED ABOUT 90 YEARS, OCCUPATION: MEAT SELLER R/O RAMKUND NARSNGH DISTT. RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI TANUJ TIWARI- ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

1. By this petition preferred under Article 227 of the Constitution of India, the petitioner/defendant has challenged the order dated 12/7/2023 passed by the Court below whereby the application preferred by him under Section 151 of the CPC has been rejected.

2 . The plaintiff / respondent had instituted a civil suit in which an order of temporary injunction was passed on 27/9/2016. The civil suit eventually came to be dismissed by judgment dated 30/11/2018. Alleging breach of the injunction order dated 27/9/2016 proceeding under Order 39 Ru