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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Rattani Devi – Appellant
Versus
Sita Devi – Respondent
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
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.
The executing court cannot go beyond the terms of the decree and must give effect to the decree as passed, and a decree, even if erroneous, is binding between the parties until set aside by an approp....
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