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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Rattani Devi – Appellant
Versus
Sita Devi – Respondent
| Table of Content |
|---|
| 1. fraudulent deed suit leads to status quo on road. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 11 , 12) |
| 2. seniors seek police aid against road interference. (Para 9 , 10 , 17) |
| 3. evidence confirms petitioners' violation of status quo. (Para 13 , 14 , 15 , 16 , 18) |
| 4. s.151 cpc empowers police aid for order enforcement. (Para 19 , 20 , 22) |
| 5. petitioners deny obstruction of road access. (Para 21) |
| 6. art.227 limits re-appreciation of trial facts. (Para 23) |
| 7. police aid order upheld; petition dismissed. (Para 24 , 25) |
Judgment :
Romesh Verma, J.
The present petition arises out of the order passed by the learned Senior Civil Judge, Ghumarwin, District Bilaspur, H.P. dated 22.07.2025, whereby application filed by the respondents/defendants under Section 151 of CPC for police assistance and for implementing the order dated 02.04.2025, passed by the learned Additional District Judge, Ghumarwin, District Bilaspur, H.P. was allowed.
2. Brief facts of the case are that the present petitioners Rattani Devi and Manoj Kumar filed a suit under Sections 36, 37 and 38 of Specific Relief Act for declaration to the effect that the exchange deed executed between plaintiff No.2 and defendant No.
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....
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.
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 ....
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 court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.
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