Cont. No. 398 of 2015, M.A. No. 24 of 2016, WPC No. 1303 of 2015 and CRMP No. 1208 of 2015. Case: Rajnarayan Ghore and Ors. Vs S.P. Vaidya and Ors.. Chhattisgarh High Court

Case Number:Cont. No. 398 of 2015, M.A. No. 24 of 2016, WPC No. 1303 of 2015 and CRMP No. 1208 of 2015
Party Name:Rajnarayan Ghore and Ors. Vs S.P. Vaidya and Ors.
Counsel:For Appellant: Parag Kotecha, Advocate
Judges:Prashant Kumar Mishra, J.
Issue:Code of Civil Procedure, 1908 (CPC) - Order VI Rule 17; Order XLI Rules 23, 27; Code of Criminal Procedure, 1973 (CrPC) - Section 133; Constitution Of India - Article 226
Judgement Date:February 10, 2017
Court:Chhattisgarh High Court
 
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Order:

Prashant Kumar Mishra, J., (At Bilaspur)

  1. WPC No. 1303 of 2015 is the main petition amongst the present batch of cases wherein Smt. Padmini Ghore, wife of Kishore Ghore would pray for a direction to respondent No. 2 Sub Divisional Magistrate (City) Bilaspur to stop further demolition of duly constructed house of the petitioner with further direction to respondents 2 to 5 to restore the said house in the condition in which it was situate prior to demolition.

  2. Contempt Petition No. 398 of 2015 has been preferred alleging violation of the interim order passed in WPC No. 1303/2015. MA No. 24 of 2016 has been preferred by Kishore Ghore challenging the order of remand passed by the Additional District Judge remitting the suit preferred by Chandra Prakash Ghore, now represented by his legal heirs, for fresh decision, upon allowing the application under Order 41 Rule 27 CPC and by permitting the parties to amend the plaint. In the said suit, the plaintiff had prayed for issuance of permanent and mandatory injunction as also damages. When the suit was dismissed by the civil Court on 16.1.2015 but before First Appeal was allowed on 6.2.2016 Rajnarayan Ghore moved before the Sub Divisional Magistrate under Section 133 Cr.P.C. for removal of public nuisance which Kishore Ghore had created by obstructing the drain flowing in front of the house of Rajnarayan Ghore. The said application was allowed on 22.6.2015 where against the revision application was preferred by Kishore Ghore before the Sessions Court which has been allowed on 28.11.2015 by the Court of 4th ASJ, Bilaspur. Against the said order of ASJ, Rajnarayan Ghore has preferred Cr.M.P. No. 1208/2015.

  3. All the 4 proceedings relate to dispute with regard to patch of land ad measuring 3 x 15 feet. Rajnarayan Ghore claims that the drain water goes out through this patch of land whereas Kishore Ghore would claim that earlier drain water was flowing from the back side through the drain situated on the land of Krishna Bihari Ghore. Kishore Ghore has taken a stand that in the guise of order under Section 133 of the Cr.P.C. a part of his building has been demolished.

  4. I have heard learned counsel for the parties at length and perused the papers.

  5. A routine dispute between the neighbours as has been happening in our country since time immemorial concerning common wall or drain has brought the parties before this Court wherein the disputed questions of fact are involved. Indisputably, the...

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