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ALOK ARADHE, J. SREENIVAS RAO
Ghouse Mohiuddin Ali – Appellant
Versus
Muslim Educational Social Cultural Organization – Respondent
JUDGMENT :
Alok Aradhe, C.J.
1. Mr. Vedula Srinivas, learned Senior Counsel representing Mr. Mirza Safiulla Baig, learned counsel for the appellants.
Mr. B.Mayur Reddy, learned Senior Counsel representing Mr. Mir Omer Khan, learned counsel for the respondent No.1.
Ms. Meenakshi Arora, learned Senior Counsel representing Mr. K.Chakradhar Reddy, learned counsel for the respondent No.2, appears through video conferencing.
Mr. Mahesh Raje, learned Government Pleader for Home appears for respondent Nos.3 to 7.
2. This intra court appeal is directed against the order dated 19.08.2024 passed by the learned Single Judge in W.P.No.8305 of 2024 by which a writ petition preferred by respondent Nos.1 and 2 has been disposed of with the direction to the Assistant Commissioner of Police, Mir Chowk Division, Purani Haveli, Hyderabad as well as Inspector of Police, P.S., Mir Chowk, Hyderabad to implement the judgment/order dated 03.01.2024 passed in C.M.A.Nos.119 and 120 of 2023 by the II Additional Chief Judge, City Civil Court, Hyderabad as well as the order dated 12.01.2024 passed in W.P.No.1292 of 2024, orders dated 01.02.2023 and 15.02.2023 passed in O.S.No.1010 of 2022 and O.S.No.1007 of 2022 resp
Police protection can be granted to enforce civil court injunctions when public interest is at stake, emphasizing the court's jurisdiction under Article 226.
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 ....
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.
The court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.
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