The objections were dismissed by the Executing Court directing that the property of the appellant and the S.S.P. Gorakhpur be attached as prayed for.
This appeal by special leave companycerns a Police Sub Inspector who in the discharge of his duty was about to attract an order under order 21 Rule 32 C.P.C. as also the prospect of getting his property attached.
Gorakhpur was asked to take up the matter in hand.
As a remedial step he siezed certain logs of wood said to have been cut and removed for the plot of land of Smt.
He arrayed the S.S.P. And the S.H.O. as respondents.
Later one Smt.
From the Judgment and Order dated 14.5.1990 of the Allahabad High Court in Civil Misc.
Having obtained a temporary injunction she reported disobedience thereof to the Senior Superintendent of Police, District Gorakhpur soliciting help towards obedience of the injuction.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Lagan Devi and stopped their movement.
Writ Petition No Nil of 1990.
They filed objection before the Executing Court.
The following Order of the Court was delivered.
Bharat Sangal for the Appellant.
Manoj Prasad for the Respondent.
4533 of 1990.
It appears that the appellant herein who was the Station House Officer of Police Station, Paniar, Distt.
Terming the stoppage of movement of logs of wood as defiance of the injunction granted in favour of respondent number3, the said respondent moved the Executing Court under Order 21 Rule 32 C.P.C companyplaining obstructing and necessary orders in that regard.
The appellant on whom came the brunt moved the High Court by means of a writ petition unsuccessfully and this has brought him to this Court.
On revision to the District Judge such revision being companypetent under a State Amendment the order was modified to the extent that the S.S.P. was absolved of the obstruction.
Respondent number3 obtained a decree for permanent injunction against the Forest Department of the State U.P. and the State of U.P. injuncting them from interfering in the rights of respondent number3 from cutting trees on a plot of land said to be belonging to him.
Lagan Devi filed a civil suit against respondent number3 and obtained an interim injunction restraining respondent number3 from cutting and removing Trees standing on her plot under the guise of the injuction obtained by him in the earlier suit.
