High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE RATNAM
K.G. Gopal & others
Versus
K.R. Lillybai by power of attorney agent, A.C. Baktham
C.R.P. No. 3461 of 1990
Decided On :Decided on : 01-02-1991
Police Assistance - Implementation of Injunction Order - The court has the authority to provide police assistance for implementing an injunction order obtained by a litigant if the other party interferes with the possession of the property, ensuring that the court's order is obeyed.
Fact of the Case:
The respondent obtained an injunction order against the petitioners, who interfered with her possession of the property. The respondent sought police assistance through court to implement the injunction order.
Finding of the Court:
The court found that the respondent, having obtained an injunction order, was entitled to police assistance to ensure the order's implementation. The court dismissed the Civil Revision Petition.
Issues: Interference with possession of property, implementation of injunction order, police assistance.
Ratio Decidendi: The court has the authority to use law enforcement machinery to ensure that its orders are obeyed when a litigant faces obstruction or non-cooperation from the other party.
Final Decision: The Civil Revision Petition was dismissed, and no costs were awarded.
1. The court below was quite right in directing that police assistance should be made available for the purpose of implementing the injunction order granted by the court earlier. It is seen from the affidavit filed by the respondent before the court below that in I.A. No. 476 of 1989 the respondent had succeeded in obtaining an order of injunction absolute against the petitioners. In spite of it, according to the respondent, the petitioners interfered with her possession of the property and it was under those circumstances that the respondent was obliged to seek the protection of the police through court for giving effect to the order of injunction obtained in I.A. No. 476 and the court below granted the request of the respondent. By ordering the police help to the respondent, the court below had merely taken the follow-up steps to implement its earlier order of injunction. When the court finds that a litigant who had secured an order from court is not in a position to have its full benefit owing either to obstruction or non-cooperation of the other side, it is always open to the court to resort to the law enforcement machinery to see that its order is obeyed and there is nothing illegal or irregular in that. The Civil Revision Petition is dismissed. There will be no order as to costs.
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