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 disobedience.

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.1 on 04.09.2020 registered in the office of Sub-Registrar Ghumarwin, District Bilaspur, H.P. dated 04.09.2020 with respect to the land measuring 11-7 bighas situated in Village Bakroa, P.O.Bhager, Pargana Tiun, Tehsil Ghumarwin, District Bilaspur , H.P. is a result of fraud and misrepresentation exercised by respondents/defendants upon petitioner No.2/plaintiff No.2. Therefore, it was prayed that the exchange deed is null and void and be declared as no-nest which does not have any effect on the right, title and interest of the parties.

3. It was further prayed that decree for declaration that mutation No. 538 attested on 17.10.2020 may also be declared as illegal and void which has been attested by A.C. IInd Grade Ghumarwin at the back of the petitioners/ plaintiffs. Further a decree in alternative to the effect that if petitioners/ plaintiffs fail to prove themselves to be exclusive owners of the suit land or the exchange deed dated 04.09.2020 is held to be valid, even then the respondent No.1/defendant No.1 with the help of respondents/ defendants No. 2 to 8 have got no right, title and interest to raise construction of house or road over any specific and valuable portion of the suit land, until the suit land is finally partitioned.

4. Alongwith the suit, the present petitioners filed an application under Order 39 Rule 1 and 2 CPC read with Section 151 of CPC for restraining the respondents from digging the land, raising construction or constructing road over any specific and valuable portion of the land measuring 9-9 Bighas comprised in Khasra No. 284/129/34 and land measuring 1-18 bighas comprised in Khasra No. 55, Khata/Khatoni No. 61/74 situated in Village Bakroa, Hadbast No. 464, P.O. Bhager, Pargna Tiun, Tehsil Ghumarwin, District Bilaspur, H.P. until the suit land is finally partitioned.

5. On 30.12.2021, in the application, which was filed under Order 39 Rule 1 & 2 CPC, the learned Civil Judge, Court No.3, Ghumarwin, District Bilaspur, H.P. passed the orders restraining the respondent from digging or raising construction or constructing road or causing any type of interference over the suit land till further orders.

6. The respondents/defendants contested the suit filed by the petitioners/plaintiffs by filing written statement, whereby all the allegations levelled in the plaint have been refuted and it has been averred that the suit filed by the plaintiffs is false, frivolous and vexatious and is liable to be dismissed. All the allegations as levelled in the plaint were refuted and the defendants sought for dismissal of the suit.

7. Learned Civil Judge, Court No.3, Ghumarwin, District Bilaspur, H.P. allowed the application under Order 39 rule 1 & 2 CPC which was filed by the plaintiffs/petitioners and the respondents were restrained