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SANDEEP SHARMA
Sanjay Kumar – Appellant
Versus
Vijay Kumar – Respondent
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with order dated 13.7.2021 passed by learned Civil Judge (Junior Division), Baijnath, Kangra, Himachal Pradesh in CMA No. 175/2021 in Case No. 13/2021, whereby an application under S.151 CPC having been filed by the petitioner/plaintiff (hereinafter, ‘plaintiff’) seeking therein police assistance for implementation of order dated 3.6.2021, came to be rejected, plaintiff has approached this court in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside order dated 13.7.2021 and direct learned court below to provide police assistance to implement the status quo order, so that nature of suit property is not changed in any manner during the pendency of the suit.
2. Having heard learned counsel for the parties and perused material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this court finds merit in the submission of learned counsel for the plaintiff, that learned court below, while passing impugned order has gone astray. While considering application filed by the plaintiff under S.151 CPC for providing police assistance to
Point of Law : If circumstances of a case are such that assistance of police for enforcement of an order is necessary, an order to this effect can be passed.
Police assistance for the implementation of an interim order can only be allowed for the party in whose favor the order was passed.
Court can provide police assistance to enforce an injunction order, especially when alternatives are inadequate and to ensure justice.
Courts can exercise inherent powers to direct police assistance for enforcing injunction orders when alternative remedies are inadequate.
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....
Police aid in civil matters requires substantial evidence of threat or violation, not mere claims. Courts exercise this power with caution and discretion, emphasizing the need for a high standard of ....
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