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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sayed Ekram Saha – Appellant
Versus
Haroon Khan – Respondent
| Table of Content |
|---|
| 1. plaintiff’s claim for partition and construction (Para 2 , 3 , 4) |
| 2. contentions on police assistance for injunction (Para 6 , 7) |
| 3. court’s examination of trial court's findings (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. law on necessity of police assistance (Para 18) |
| 5. court’s final direction on police assistance (Para 21 , 22) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner’s prayer to provide police assistance for implementation of the interim order having being refused by the Trial Court, he has approached this Court in the present application filed under Article 227 of the Constitution of India.
2. Short facts of the case are that the petitioner is the plaintiff in C.S. No.607 of 2021 in the Court of learned Civil Judge, (Jr. Division), Bhadrak filed by him for partition and permanent injunction claiming 1/3rd share of the suit property. The plaintiff claims to be in possession of a specific portion of the suit land occupied by him as per mutual arrangement and convenience of the parties, though the property has not yet been partitioned by metes and bounds. For necessity, the plaintiff began constructing a house. At the time of casting of the roof, the pre
Courts can exercise inherent powers to direct police assistance for enforcing injunction orders when alternative remedies are inadequate.
Point of Law : If circumstances of a case are such that assistance of police for enforcement of an order is necessary, an order to this effect can be passed.
Police assistance for the implementation of an interim order can only be allowed for the party in whose favor the order was passed.
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
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.
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 ....
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