WPCRL/105/2023
2023 Latest Caselaw 272 UK

                   Office Notes,
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        Date       or directions                     COURT'S OR JUDGES'S ORDERS
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      13.01.2023
                                   WPCRL No. 105 of 2023
                                   Hon'ble Vipin Sanghi, C.J.
                                   Hon'ble Alok Kumar Verma, J.

Mr. Pankaj Miglani, learned counsel for the petitioners.

The present petition has been preferred by the petitioner to seek a direction to respondent Nos. 2 & 3 to provide protection to the petitioner and his family from respondent Nos. 4 & 5, or from their agents.

The petitioner has disclosed that a property related dispute has been going-on between the petitioner and respondent Nos. 4 & 5, in respect whereof the petitioner had filed a Civil Suit, which was decreed by the Court vide judgment dated 15.02.2013 restraining respondent Nos. 4 & 5 from disturbing the peaceful possession of the property-in-question claimed by the petitioner. An Appeal was preferred by the said respondent, which was decided on 22.02.2021 partly allowing the same, and restricting the injunction passed by the Trial Court. The petitioner has preferred a Second Appeal being Second Appeal No. 96 of 2021, which is pending disposal before this Court.

The petitioner has placed on record the order dated 29.12.2021 passed in the aforesaid second appeal.

The petitioner states that the petitioner is now desirous of repairing the leakage in the roof of the portion in occupation of the petitioner.

It appears that the petitioner is seeking to carry- out repairs/ construction activity by obtaining orders from us.

We are not inclined to pass any order in this petition. It is open to the petitioner to approach the Court in appropriate proceedings or to move an application in pending Second Appeal to seek appropriate relief(s).

The writ petition stands disposed of accordingly.

  (Alok Kumar Verma, J)            (Vipin Sanghi, CJ)

          13.01.2023                   13.01.2023

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