An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order being no. 5 dated September 4, 2025 passed by Learned Civil Judge (Junior Division), 1^st Court at Barasat, Dist. North 24 Parganas in Title Suit no. 1175 of 2025.

2. By the order impugned, the application under Section 151 of the Code of Civil Procedure filed by the opposite party Nos. 1 and 2 herein praying for implementation of the order of ad interim injunction with police help was allowed.

3. The opposite party nos. 1 and 2 herein filed a suit for declaration that the letter dated July 3, 2025 issued by the petitioner no. 2 as managing director of the petitioner no. 1 company for cancellation of LOI dated September, 30, 2024 is illegal, arbitrary, bad in law and not binding upon the Opposite party no.1 and 2 and for permanent injunction restraining the petitioner and their men and agent from causing any obstruction in the day to day affairs while running the hotel business and the management of the petitioner no. 1 company in accordance with MOU dated 10.12.2024 without any obstruction or claim from the petitioners.

4. In connection with the said suit the opposite party no. 1 and 2 herein filed an application under Order 39 rule 1 and 2 read with section 151 of the Code of Civil Procedure praying for temporary injunction restraining the petitioners and their men and agents from causing any obstruction in the day to day affairs while running the hotel business and the management of the petitioner no. 1 company in accordance with MOU dated 10.12.2024 without any obstruction and claim of the petitioners till the disposal of the said suit.

5. Upon hearing the plaintiffs/opposite party nos. 1 and 2 herein, the learned trial Judge passed an order dated August 19, 2025 thereby restraining the petitioners and their men and agents from obstructing the running of the hotel business over the suit schedule property by the plaintiffs/opposite party nos. 1 and 2 herein till October 24, 2025.

6. The opposite party nos. 1 and 2 herein filed an application under Section 151 of the Code of Civil Procedure praying for a direction upon the officer-in- charge of local police station to ensure that the order dated August 19, 2025 passed by the learned trial judge was not flouted by the defendants/petitioners and their men and agents and to render police aid to the plaintiffs/opposite party nos. 1 and 2 as and when required.

7. It has been stated in the application under section 151 of the Code that though there is a specific order of injunction passed by the learned trial Judge, the defendants/petitioners are creating disturbance in the peaceful running of the business by the plaintiffs /opposite party nos. 1 and 2 herein and they are also threatening to violate the order of ad interim injunction. It was further stated in the said application that one of the esteemed customers of the plaintiffs /opposite party nos. 1 and 2 has organized a pilgrimage and in connection therewith made a confirmed booking with the defendants/petitioner no. 1 hotel for accommodation of devotees for the period from 06.09.2025 to 09.09.2025. It has been further stated in the said application that the defendants/petitioner having full knowledge of subsisting ad interim order dated 19.08.2025 is willfully and deliberately violating the same. It has been stated in the said application that plaintiffs /opposite party nos. 1 and 2 being senior citizens having neither the physical capacity nor the adequate means to individually resist the unlawful high-handed and contemptuous act of the defendants/petit