Section 151, C.P.C can be invoked for police assistance in enforcing an interim injunction despite the existence of Order XXXIX Rule 2A, C.P.C.

Heard Mr. K.N. Bhattacharji, the learned senior counsel assisted by Mr. Kohinoor N. Bhattacharji, the learned counsel for the petitioner and also heard Mr. G.K. Nama, the learned counsel for the respondents.

2. In this revision petition, the petitioner is questioning the legality of the order dated 17.03.2016 passed by the learned Civil Judge (Junior Division), Dharmanagar, North Tripura in T.S No.58/2009 rejecting his application seeking police assistance during the removal by him of stone dust from the suit land; he was also warned not to file such merit-less applications before his Court in future without understanding the question of law involved so that the precious judicial time could be saved.

3. The petitioner instituted title suit before the trial court seeking a declaration that he is the lessee under the defendant-respondents and is entitled to retain the possession of the suit land till 27.09.2008 and for issuing a mandatory injunction directing the respondents to execute the lease deed in his favor as was written on 14.07.2008. After filing of the suit, he filed an application under Order XXXIX, Rule 1 & 2 of the Code of Civil Procedure for issuing an ad-interim injunction to restrain the respondents from disturbing his possession over the suit land till disposal of the main suit. As already noticed, the trial court passed the ex-parte order of ad-interim injunction restraining the respondents from disturbing his peaceful possession of the suit land.

4. Apparently, in exercise of his possessory right over the suit land, the petitioner decided to collect stone dusts which are found on the suit land for sale to others, but the respondents are alleged to have obstructed such activities carried on by him on the suit land. This prompted him to file the application for ad-interim injunction, which, as already noticed, was eventually granted by the trial court. The trial court, after hearing the parties, subsequently made the ex-parte interim injunction in question absolute. According to the petitioner, he thereafter filed an application under Section 151, C.P.C to provide police assistance to him for the enforcement of the said interim injunction. There is no disputed that the interim injunction has not been vacated or modified till now. The question to be considered is whether the trial court is correct in holding that Section 151, C.P.C cannot be invoked by the petitioner for taking police assistance in the removal of the stone dusts by him from the suit land. The trial court took the view that when there is already a provision under Order XXXIX Rule 2A, C.P.C to deal with breach of an injunction order, the question of invoking Section 151, C.P.C does not arise. He, therefore, rejected the application of the petitioner.

5. The learned senior counsel for the petitioner drawing my attention to the four decisions of the various High Courts, namely, Vinayak Balkrishna Samant and others Vs. Mahanagar Telephone Nigam Ltd., reported in AIR 2004 Bom 227, M.D. Hair Babu Vs. Returning Officer, Kudayathoor Service Co-operative Bank Ltd., reported in AIR 1999 Ker 5, Vidya Charan Shukla Vs. Tamil Nadu Olympic Association and another, reported in AIR 1991 Mad 323 and Rayapati Audemma Vs. Pothineni Narasimham, reported in AIR 1971 AP 53, submits that the trial court has the inherent power under Section 151, C.P.C to provide the assistance of the police for the enforcement of the interim injunction passed by a civil court. According to the learned senior counsel, the provision of Order XXXIX Rule 2A, C.P.C operates in a different field and this jurisdiction is punitive in nature whereas enforcement of interim injunction is a preventive remedy, and the two should not be confused. The learned senior counsel, therefore, contends that the trial court has completely overruled the aforesaid decisions of the various High Courts holding that the police assistance can be provided for the enforcement of the injunction order passed by a c