Smt. Shibba Bai vs Smt. Leela Bai @ Lalita Bai
2023 Latest Caselaw 12701 MP

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       MP No. 4389 of 2023
                                             (SMT. SHIBBA BAI Vs SMT. LEELA BAI @ LALITA BAI)

                         Dated : 07-08-2023
                               Shri Ravi Dwivedi - Advocate for the petitioner.

                               Petitioner's grievance is that plaintiff/respondent has filed a suit RCS

No.804A/2022. In this suit learned 13th Civil Judge Junior Division, Bhopal vide order dated 08/04/2023, which is inappropriately mentioned by learned trial Court as judgment, allowed an application under Order 39 Rule 1 and 2 of

CPC. Thereafter an application was filed on 6/5/2023 seeking possession of the property with the help of Police. This application was taken into consideration on 6/5/2023 and has been allowed by learned 19th Civil Judge Junior Division, Bhopal Shri Rajneesh Tamrakar directing Superintendent of Police, Balaghat to provide 1-4 guard. It is submitted that if there was any violation of order of injunction, then application under Order 39 Rule 2A, CPC is maintainable and not under Section 151 of CPC.

This Court has perused the order. The order is cryptic. Plaintiff was directed to deposit cost to be borne for deployment of 1-4 guard from the

Office of Superintendent of Police, Bhopal and then was directed to deposit the said amount through challan and then it is directed that to stop the defendant from interference in the disputed property, letter be issued to the Superintendent of Police, Balaghat for providing requisite guards.

It is evident from the plaint that property in question in regard to which suit is filed, is situated at Chhola Shakti Nagar Colony, Tahsil Huzur, Distt. Bhopal. Thus, two things are surprising that how Shri Rajneesh Tamrakar could have issued directions to the Superintendent of Police, Balaghat and, Signature Not Verified Signed by: TULSA SINGH Signing time: 8/8/2023 10:50:46 AM

secondly, that whether an application under Section 151 of CPC was maintainable if there was any breach of the order of injunction.

Issue notice to the respondent/plaintiff, on payment of process fee within seven days by registered AD post.

Notice be made returnable within four weeks. In the meanwhile, order of 19th Civil Judge Junior Division, Bhopal dated 06/05/2023 shall remain stayed till next date of hearing.

Let copy of this order be also sent to the Principal District & Sessions Judge, Bhopal.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 8/8/2023 10:50:46 AM