THE COURT CAN INVOKE ITS INHERENT POWERS UNDER SECTION 151, C. P. C. FOR PROVIDING POLICE AID FOR THE ENFORCEMENT OF ITS ORDER OF TEMPORARY INJUNCTION, WHEN IT IS BROUGHT TO ITS NOTICE THAT THE ENFORCEMENT OF THE SAID ORDER IS SOUGHT TO BE PREVENTED OR OBSTRUCTED. HOWEVER, SUCH A DIRECTION FOR PROVIDING POLICE HELP TO THE PARTY WHO HAS OBTAINED THE ORDER OF TEMPORARY INJUNCTION IS NOTHING BUT FOLLOW- UP ACTION TO IMPLEMENT ITS EARLIER ORDER OF INJUNCTION IF THE COURT FINDS THAT THE PARTY WHO HAD SECURED THE ORDER OF INJUNCTION FROM IT IS NOT IN A POSITION TO HAVE ITS FULL BENEFIT OWING TO EITHER OBSTRUCTION OR NON CO OPERATION OF THE OTHER SIDE.

Kamlesh Sharma, J—The petitioners are defendants in Civil Suit No. 204-A/l of 1992 presently pending in the Court of Sub-Judge 1st Class, Arki camp at Nalagarh, filed by the respondents-plaintiffs. Respondent-defendant, State of Himachal Pradesh, is also a party defendant No 5 in the suit. The suit of the respondents-plaintiffs is for permanent prohibitory injunction restraining the petitioners-defendants from causing any obstruction/blockade, and changing the nature of the suit property, as detailed in the Jamabandis for the year 1985-86 placed on record as Annexures-A and B and also for mandatory injunction to remove such obstruction, if caused, during the pendency of the suit.

2. Alongwith the plaint, an application under Order XXXIX, Rules 1 and 2, C. P. C. was also filed by the respondents-plaintiffs on which the following ad interim order was passed on 24th April, 1992 : "Accordingly, I hereby restrain the respondents Nos. 1 to 4 from causing obstruction/blockade and further from changing the nature of the suit property measuring 10 Biswas bearing Khasra No. 393/2/1 (0-3b) and 393/2/2 (0-7b), out of land measuring 65 bighas 5 biswas bearing Khasra No. 393/2/min, as comprising/in Khewat/Khatauni No. 297/320 min. pertaining to and situated in the area of village Dhang Upperli, H B. No. 89, Pargana Plassi, Tehsil Nalagarh, District Solan, as detailed in Jamabandi for the year 1985-86 till further order. The respondents can show cause against that order on or before 27-6-1992. The applicants are also directed to comply with the provisions of Order XXXIX, Rule 3, C. P. C. However, notice be issued against the respondent No. 5-StateofH. P. for the date fixed."

3. It seems, the petitioners-defendants came to know of the ad interim order 24th April, 1992 and they rushed to file reply to the application under Order XXXIX, Rules 1 and 2, C. P. C praying for vacation of the ex-parte order and an application for the appointment of a Local Commissioner to visit the spot to ascertain whether there exists any common path and what is the nature, user and character of a part of the suit land measuring 10 Biswas, comprised in Khasra No. 393/2/1 and 393/2/2.

4. The Sub-Judge 1st Class, Nalagarh, took cognizance of the application for appointment of a Local Commr. on 28th April, 1992 and appoint ed one Sh B. S Thakur, Advocate, as the Local Commissioner to visit the spot on 1st May, 1992 after giving notice to the parties or their Counsel and submit his report on or before 27th June, 1992 on which date the suit as well as the application under Order XXXIX, Rules I and 2, C. P. C. were listed for hearing. The Local Commissioner was directed to ascertain, "...the existence or otherwise of alleged common path, rivulet (Nallah), present nature, user and character of the suit land measuring 10 Biswas bearing tatima Khasra Nos. 393/2/1 (Ob-3b) and 393/2/2 (Ob-7b\ as shown in Annexure A, out of the land measuring 65 Bighas 5 Biswas bearing Khasra No. 393/2 min, situated in Village Dhang Upperli Pargana Plassi Tehsil Nalagarh, District Solan, HP after due notice to the parties on their Counsel on 1st May, 1992 and submit his report on 27-6-1992 .." Notice of this application was given to the respondents-plaintiffs for 27th June, 1992. The report of the Local Commissioner dated 30th October, 1992 is on the record.

5. It seems no proceedings were held en 27th June, 1992 because in the meantime the suit stood transferred to Sub-Judge 1st Class Arki camp at Nalagarh. After transfer, the parties could be served for 26th December, 1992 when the case was adjourned to 27th April, 1993. But after two days, on 28th December, 1992, an application was moved on behalf of the respondents-plaintiffs praying for issuance of necessary orders for removal of blockade from point A to A-l and B to B-l and fencing thereon to open the space for ingress and egress and also for taking their cattle and agricultural implements, that is, Rehra, truck etc. with the assist