Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1150 of 2018 Petitioner :- Net Singh Respondent :- Ram Narayan And 4 Ors.
Counsel for Petitioner :- Ram Surat Patel
Hon'ble Manoj Kumar Gupta,J.
By means of the instant petition, the petitioner has challenged the order dated 7.12.2016 by which the trial court has rejected the application filed by the petitioner under Order 39 Rule 2A CPC for punishing the opposite parties for committing contempt of the order of temporary injunction dated 27.5.2003 as well as the order dated 31.10.2017 passed by the appellate court dismissing the appeal. The order of temporary injunction dated 27.5.2003 in Original Suit No.133 of 2003 was for restraining the defendant from changing the nature and character of the suit property. The case of the petitioner was that the defendants have dumped garbage in a well situated over the suit property in violation of the injunction order. The courts below have recorded a finding of fact to the effect that there is no evidence that any garbage was dumped by the defendants in violation of the injunction order. It has been held, placing reliance on the report of the Amin Commissioner, paper no. 11- Ga and another report dated 1.9.2003 being paper no. 32-Ga in Original Suit No. 133 of 2003 that the well was in a precarious condition since before. It has been observed that there is no evidence that after passing of the injunction order, the defendants have dumped any garbage in the well.
Counsel for the petitioner is unable to show how the findings rendered in this regard by the trial court are illegal or perverse.
In such view of the matter, this Court is not inclined to interfere with the impugned orders in exercise of power under Article 227 of the Constitution.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.) Order Date :- 28.3.2018 skv