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VIRENDER SINGH
Sunita Shandil – Appellant
Versus
Meera – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Sunita Shandil has filed the present petition, under Section 227 of the Constitution of India, against the order, dated 9th November, 2022, passed by the Court of learned Civil Judge, Court No. 6, Shimla, H.P. (hereinafter referred to as the learned ‘trial Court’) in CMA No. 3287 of 2022, titled as Sunita Shandil versus Meera and others.
2. Vide the order, as assailed before this Court, the learned trial Court has dismissed the application, under Section 151 of the Code of Civil Procedure (hereinafter referred to as the ‘CPC’), filed by the petitioner, seeking police help for enforcement of status quo order, passed by the learned trial Court on 28th September, 2021.
3. For the sake of convenience, the parties to the lis are, hereinafter, referred to, in the same manner, as referred to, by the learned trial Court.
4. Brief facts, leading to the filing of the present petition, before this Court, may be summed up, as under:
4.1. The plaintiff has filed a Civil Suit, against the defendants, for a decree for permanent prohibitory injunction, restraining defendants No. 1 and 2, from carrying out any kind of construction, on any part and portion of the l
Power of Court, under Order 39 Rules 1 and 2 CPC, is to preserve subject matter of lis and to maintain status quo, regarding suit property, as, it exists on date of inception of lis between parties.
The proceedings under Order 39 Rule 2-A CPC are quasi-criminal in nature, and willful disobedience must be proved beyond a shadow of doubt.
Courts can exercise inherent powers to direct police assistance for enforcing injunction orders when alternative remedies are inadequate.
Courts may direct police assistance under inherent powers to enforce interim status quo orders, upholding their majesty and protecting vulnerable parties like senior citizens from interference and di....
Civil Courts possess inherent powers under Section 151 of the Code of Civil Procedure to direct police assistance for the effective implementation and enforcement of interim injunction orders to main....
Court can provide police assistance to enforce an injunction order, especially when alternatives are inadequate and to ensure justice.
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