THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.24932 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue a writ, order or direction more particularly in the nature of Writ of Mandamus directing respondent No.2 to take necessary action to implement the Hon’ble Principal Junior Civil Judge Court Orders in I.A.No.126 of 2016 to stop respondent Nos.4 to 7 in illegally trespassing into the property and pass…”

2. None appeared on behalf of the petitioner.

3. Heard Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2 and Mr. M.V. Raj Kumar Gabriel, learned counsel appearing for respondent Nos. 4, 5 and 7.

4. Learned Assistant Government Pleader for Home submits that basing on the representation of the petitioner herein, Crime No.74 of 2018 was registered. However, after investigation, it is found that the contentions of the petitioner are of ‘civil in nature’. The same was placed by filing final report before the VI Additional Judicial Magistrate of First Class, Medchal, on 30.04.2018.

Thus, the contention of the petitioner does not survive.

5. Learned counsel appearing for respondent Nos. 4, 5 and 7 submits that the prayer of the petitioner is for implementation of the status quo order granted by the trial Court in I.A.No. 126 of 2016 in O.S.No. 38 of 2016 on the file of the II Additional Junior Civil Judge, Medchal, however, pending this writ petition, the petitioner who is the plaintiff in the suit, has not pressed the suit and settled the matter with the defendant No. 2 therein. As he was not served with notice in suit itself, has been disposed of. Nothing further remains in this matter for implementation.

Hence, prayed for dismissal of this writ petition.

6. I have perused the material available on record.

7. The grievance of the petitioner is that respondent No. 2 was not taking action in implementing the order of Civil Court in I.A.No.126 of 2016 against the unofficial respondents. The developments reported by the learned Assistant Government Pleader for Home and the learned counsel appearing for respondent Nos. 4, 5 and 7 are evidencing that the suit, which was filed by the petitioner and the Crime registered at his instance, both are ended by a settlement and a final report respectively. That being the factual position, this Court is of the considered view that nothing further remains in this matter for deliberation.

8. Accordingly, this Writ Petition is dismissed as infructuous.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 19-11-2025

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