JUDGMENT : 1. By means of this petition, under Article 227 of Constitution, petitioner has challenged the order dated 30.09.2014 passed by learned trial court as well as order dated 31.03.2015 passed by learned revisional court. 2. It transpires that petitioner filed a suit for permanent injunction in the court of Civil Judge (JD) Haridwar, which was registered as O.S. No. 151 of 2012, contended that he has purchased shop no. 9 measuring 177.27 sq. ft situated at Arya Nagar, Jwalapur, Haridwar and the defendants are interfering with his peaceful possession over the shop in question. Based on these pleadings petitioner sought relief of permanent injunction, restraining the defendants from interfering with the peaceful possession of the petitioner over the suit property. Description of the suit property has been given at the foot of the plaint, as one shop on the ground floor, at measuring 177.27 sq. ft. 3. Petitioner filed a temporary injunction application, which is said to be pending. On 20.08.2014 petitioner filed another application under Section 151 of Code of Civil Procedure stating that the defendants have constructed a wall on the front side of the shop in question, after leaving a passage of four feets, which is causing huge loss to his business, therefore, petitioner prayed that the appropriate order be passed for demolition of the said wall at the cost of the defendants. 4. Defendants filed an objection on 09.09.2014 stating that the said wall was constructed prior to filing of the suit for security purposes and the plaintiff has no concern with the said wall and no hindrance is caused in the egress sand ingress of the petitioner. 5. Learned trial court after considering all relevant aspects rejected the said application vide order dated 30.09.2014 by holding that the relief sought in the suit is permanent injunction only and relief of mandatory injunction has not been sought, therefore, the prayer made by the petitioner cannot be granted, that too in an application under Section 151 of C.P.C. The order passed by learned trial court was challenged by the petitioner by filing Civil Revision No. 76 of 2014, which too was dismissed by learned 2nd Additional District Judge, Haridwar, vide order dated 31.03.2015. 6.
6. Learned revisional court has dismissed the revision by holding that the wall has been constructed by the defendant during pendency of suit, therefore, it cannot be said that it was constructed in violation of order passed by trial court. It was further observed that the relief sought in the application under Section 151 of Code of Civil Procedure cannot be granted at interim stage. Thus, the revisional court affirmed the order passed by the trial court. 7. I find no infirmity in the view taken by learned courts below. Since the relief sought in the plaint is for permanent injunction only, whereas the relief sought by the petitioner in his application under Section 151 of C.P.C is in the nature of mandatory injunction, therefore, such relief cannot be granted to the petitioner, at this stage, that too on an application under Section 151 of C.P.C. 8. In such view of the matter there is no scope for interference with the orders impugned in the writ petition in exercise of powers under Article 227 of Constitution. Consequently, the writ petition fails and is hereby dismissed.