The Court has the inherent jurisdiction to pass an order of police help to ensure that its order of injunction is properly implemented, even if there are alternative remedies available under the Contempt of Courts Act or under Order 39, Rule 2A of the Code of Civil Procedure.

Soumen Sen, J.

This revisional application is directed against the order dated 9th June, 2015 passed in connection with an application filed by the petitioner for recalling of the order dated 10th April, 2015. The Trial Court by an order dated 10th April, 2015 allowed the application for police help. The plaintiffs filed a suit for declaration and injunction against the opposite party no. 1 and others. The plaintiffs alleged that they are the owners of the suit property. The plaintiffs alleged that while they are in possession and occupation of the suit property all on a sudden the principal defendant, being the petitioner herein, who is a promoter have accumulated huge men and materials in front of the suit property in order to make construction on the lands belonging to the plaintiffs. The defendant no. 1 claimed ownership in respect of the suit property. On a plea that the names of the plaintiffs and proforma defendant nos. 1 and 2 have not been recorded in the latest L.R.R.O.R. and no mutation was made in the name of the plaintiffs and proforma defendants in South Dum Dum Municipality and accordingly the plaintiffs and proforma defendant have not acquired any right, title and interest in or over the suit property and as such the plaintiffs have no right to interfere with the proposed construction made by the petitioner. Initially the Trial Court refused to pass any ad interim order. The plaintiffs preferred an appeal and the Appellate Court by a detailed judgment restrained the defendant no. 1/petitioner from encroaching any portion of the suit property and from doing any construction over the suit property specifically stated in the schedule of the plaint till the disposal of the application pending in connection with the aforesaid suit. Before the Appellate Court the petitioner produced voluminous documents in order to establish the right over the suit property. The Appellate Court on examination of the voluminous papers and documents produced, observed that the said petitioner had failed to produce a single scrap of papers to show any right, title or interest in respect of the suit property. The petitioner also failed to establish that the said petitioner under an agreement with Rukmini Properties Private Limited was entitled to make construction on the land belonging to Rukmini Properties Private Limited. The Appellate Court was of the prima facie view that even if it is accepted that the defendant has a right to make construction as a developer under an agreement with Rukmini Properties Private Limited even then the principal defendant, namely the petitioner herein has failed to produce any document to show its right, title and interest and possession over the suit property and its locus to challenge the right, title and interest and possession of the plaintiffs. The Appellate Court also found that the principal defendant was adamant to proceed with the construction on the suit property and tried to defeat the right of the plaintiffs by creating the cloud over its right, title and interest over the suit property. On such consideration an ad interim order of injunction was passed by the Appellate Court. Initially, a revisional application was filed by the petitioner, being C.O. 3838 of 2013, which was dismissed as withdrawn on 25th February, 2016.

2. The plaintiffs after the disposal of the appeal filed an application before the Trial Court for implementation of the order of injunction of police help. The plaintiffs alleged that the petitioner is flouting the order of injunction by constructing the pucca structure over the schedule property in spite of having knowledge of the order of injunction passed by the Appellate Court. The Trial Court on consideration of the materials on record on 10th April, 2015 passed an order in the said petition filed under Order 39, Rule 7 read with Section 151 of the Code of Civil Procedure by directing the Inspector-in-Charge of Dum Dum Police Station to look into the matter so t