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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE RATNAM
Kudiyan & Others
Versus
B. Ranganathan
CR.P. No. 2844 of 1990
Decided On :Decided on : 25-01-1991
Court Order - Implementation of Injunction - The court has the authority to order police assistance to implement its injunction orders when a litigant faces obstruction or non-cooperation from the other party.
Fact of the Case:
The court ordered police assistance to implement its earlier injunction order, which the petitioners objected to, claiming that such a direction cannot be issued to the police authorities who are not parties to the proceedings.
Finding of the Court:
The court found that it was within its authority to order police assistance to ensure the obedience of its injunction order, especially when a litigant faced obstruction or non-cooperation from the other party.
Issues: Objection to court ordering police assistance to implement injunction
Ratio Decidendi: The court has the authority to resort to law enforcement machinery to ensure obedience of its orders when a litigant faces obstruction or non-cooperation from the other party.
Final Decision: The civil revision petition was dismissed with costs.
1. By ordering police help the court below had merely taken the follow up steps to implement its earlier order of injunction. The objection that a direction of that nature cannot be issued to the police authorities, who are not parties to the proceedings, raised by the petitioners has no substance. When the court finds that a litigant, who had obtained an order from it, is not in a position to have its full benefit owing to either the obstruction or non-cooperation of the other party to the proceedings, it is always open to the court to resort to the law enforcement machinery to see that its order is obeyed and I do not see anything illegal or irregular about it. The civil revision petition is dismissed with costs.
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