IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.1216 of 2010 (M/S) Nand Kumar Mittal ………..Petitioner Versus State of Uttarakhand & others …….Respondents Shri Neerj Garg, learned counsel for the petitioner. Shri P.C. Bisht, learned Brief Holder for the State. Dated: 15th July, 2010 Hon’ble V.K. Bist, J. Heard learned counsel for the parties. Present petition has been filed by the petitioner for a direction to respondent nos.1, 2 & 3 to ensure the compliance of order dated 13.04.2001 passed by Civil Judge (Sr. Div.), Dehradun and order dated 10.05.2010 passed by learned Civil Judge (Sr. Div.) in Original Suit No.205 of 1997 “Nananda Kumar Mittal Vs. Deepak Kumar and another” passed in respect of the property in question i.e. Khasra nos.49,50,51,52,53,54,56,57, 58, 59 and 60 situated in village Barohnwala Pargana Parwadoon, District Dehradun. Brief facts of the case, as narrated in the writ petition, are that petitioner by means of a family settlement dated 01.03.1987 became owner of the property situated at village Barohnwala, Pargana Parwadoon, District Dehradun and his name was duly recorded in the revenue records regarding the said property. Late father of the petitioner Sumer Chand had given permission to Shri Nanak Chand (brother of 2 Shri Sumer Chand) father of the respondent nos.4 & 5 to reside in a portion of his bungalow situated at Village Baronwala and also permitted him to use some go-downs. After the death of Shri Nanak Chand respondent nos.4 & 5 continued to reside in the portion, which was occupied by Shri Nanak Chand. The respondent nos.4 & 5 tried to illegally occupy the properties, which were inherited by the petitioner. After the death of Nanak Chand the petitioner asked the respondent nos.4 & 5 to vacate the premises occupied by them but they refused to do so and claimed themselves to be the owner of the said property. In the year 1997, the petitioner filed a Civil Suit no.205/1997 before the Court of Civil Jude (Sr. Div.), Dehradun seeking decree of possession over the property in question and further prayed for permanent injunction against the respondents mentioned in the plaint restraining them from interfering in the peaceful possession of the petitioner over the property in dispute. Alongwith the said suit, the petitioner also filed an application for interim injunction, against which the respondents filed their objection. The learned Civil Judge (Sr. Div.), Dehradun considered the interim injunction application filed by the petitioner and allowed the same vide order dated 13.04.2001 and restrained the respondents from interfering in the peaceful possession of the petitioner over the property in dispute. Aggrieved by the order dated 13.04.2001, the respondent nos.4 & 5 filed two appeals bearing appeal no.61/01 and 62/01 before the Court of Additional District Judge/III F.T.C. Dehradun. On 31.05.2001, the learned Court disposed of the said appeals filed by respondent nos.4 & 5 directing the parties to maintain status quo in respect of the property in question. Even after the order dated 31.05.2001, whereby status quo order in respect of property in question was passed, the defendants on 04.05.2010 tried to interfere in the peaceful possession of the petitioner of the said orchard. The contractor of the petitioner was threatened and was asked to leave the orchard. Apart from this the petitioner was also assaulted by the respondent nos.4 & 5 and by their companions. In this regard the petitioner lodged F.I.R. against the accused persons at Police Station, Doiwala. On 07.05.2010, the petitioner filed an application no.354 Ga alongwith affidavit in Suit no.205/1997 stating therein for enforcement of order dated 31.05.2001 through the police and prayed that directions be issued to S.H.O. Police Station, Doiwala, Dehradun to provide suitable police protection to him. The respondent nos.4 & 5 moved objections through 357 Ga against the application filed by the petitioner. On 10.05.2010, the learned Civil Judge (Sr. Div.) allowed the application no.354Ga filed by the petitioner and directed the S.H.O. Police Station, Doiwala, Dehradun to provide police protection to the petitioner and to ensure the compliance of the status quo order. After passing of the order dated 10.05.2010, the petitioner on 16.05.2010 moved an application before the S.H.O. Police Station, Doiwala, District Dehradun alongwith the certified copy of the order dated 10.05.2010 and prayed therein to ensure the 4 compliance of the order dated 10.05.2010. The respondent nos. 4 & 5 preferred a revision against the order dated 10.05.2010, before the learned District Judge, Dehradun. The learned District Judge, Dehradun vide judgment dated 20.05.2010 dismissed the revision filed by the respondents and upheld the order dated 10.05.2010. Even after the service of the order dated 10.05.2010 to the Police Station, Doiwala, the police in collusion with respondent nos.4 &5 did not take any action and the respondent nos.4 & 5 and their companions are continuously trying to interfere in the peaceful possession of the petitioner and are violating the status quo order. Since, the final order has been passed by the learned Civil Judge (Sr. Div.), Dehradun on 13.04.2001 and on 10.05.2010 and the direction was also issued to the Police Authorities to provide police protection in compliance of order dated 13.04.2001, no further direction can be issued by this Court, as this Court is not an Execution Court. In case direction issued by the Civil Judge (Sr. Div.) is not complied, it is open for the petitioner to file petition for contempt against the respondents under Section 2 B of Contempt of Court’s Act or under Order 39 Rule 2 (A) of Code of Civil Procedure as the case may be. In case petitioner files petition for contempt before the Civil Judge, the same may be decided expeditiously by him in accordance with law. In view of the above discussion, the writ petition is dismissed. Interim Relief application no.5698/2010 stands rejected. (V.K. Bist, J.) Arpan 15.07.2010