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1990 Supreme(Mad) 1145

SRINIVASAN
G. Krishnan – Appellant
Versus
Thulasi Ammal – Respondent


Advocates Appeared:
For the Petitioner:E. Padmanabhan, Advocate.
For the Respondent:V.P. Venkataraman, Advocate.

Judgment :-

An interesting question of considerable importance has arisen in this case and of late it arises often in civil courts. In short, the question is whether a civil court in exercise of its inherent powers under Section 151 of the Code of Civil Procedure can issue directions to Police Officials, who are not parties to the proceeding, enjoining them to execute the orders of the civil court made interpartes or prevent the violation of such orders by the party against whom the same was passed.

2. In the present case, the petitioner herein filed O.S. No. 393 of 1990 on the file of District Munsif, Madurai, for a permanent injunction restraining the respondent herein and another from interfering with his possession and enjoyment of the suit property. He filed I.A. No. 206 of 1990 for injunction pending disposal of the suit restraining the respondent herein from interfering with his possession. The same was ordered after contest on 29.3.1990. It is not in dispute that the respondent has filed an appeal against the said order which is pending as C.M.A. No. 41 of 1990 on the file of District Court, Madurai. There is however, no order of stay of the operation of the injunction order







































































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