Altaf Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16690 MP

Madhya Pradesh High Court

Altaf Khan vs The State Of Madhya Pradesh on 20 June, 2024

                                                              1                               WP-16535-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      WP No. 16535 of 2024
                                   (ALTAF KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 20-06-2024
                                Shri S.N. Seth - Advocate for the petitioners.

                                Shri A.K. Nirankari - Government Advocate for the State.
                                The petitioners have filed this petition with the grievance that there is a
                          decree of permanent injunction in favour of the petitioners vide judgment dated
                          30.9.2019 (Annexure P/2).
                                Learned counsel for the petitioners submits that no appeal has been filed

                          against the judgment and decree by respondents No.4 and 5. However despite

that respondents No.4 and 5 have started to demolish the said suit property so as to bring out dispossession of the petitioners. It is further contended by learned counsel for the petitioners that as per decree (Annexure P/2) the petitioners have been protected against dispossession except by following due process of law but there is no order or judgment of competent Court in the matter of dispossession of the petitioners. Learned counsel for the petitioners however fairly admits that the said decree (Annexure P/2) is executable, however he apprehends that respondents No.4 and 5 may demolish the shops

without permitting the petitioners to take recourse of law. The petitioners have already preferred a representation (Annexure P/1) before respondent No.2. Respondents No.2 may dwell upon the representation and take action thereon if any apprehension or breach of public peace and harmony is apprehended.

The petitioners are set at liberty to get the decree executed in accordance with Order 21 of Civil Procedure.

With aforesaid observation, the petition is finally disposed of.

2 WP-16535-2024 (VIVEK JAIN) V. JUDGE (alok)