Police assistance to enforce civil court injunctions can be granted if public injury is demonstrated, especially in cases involving essential services provided by charitable organizations.

ORDER :

1. The writ petition is filed seeking a Writ of Mandamus to declare that the respondents are bound to implement judgment/orders in IA.No.2016 of 2023 in CMA.No.119 of 2023 and IA.No.2014 of 2023 in CMA.No.120 dated 03.01.2024 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, WP.No.1292 of 2024 dated 12.01.2024, IA.No.666 of 2022 in O.S.No.1010 of 2022 dated 01.02.2023, IA.No.665 of 2022 in O.S.No.1007 of 2022 dated 15.02.203 on the file of VII Junior Civil Judge, City Civil Court and Caveat No.1131 of 2023 dated 30.12.2023 passed by Chief Judge, Hyderabad, by virtue of application dated 18.01.2024, 10.01.2024 and 16.09.2023 to protect diagnostic centre, offices, schools and colleges of the petitioner society as biased, arbitrary, without application of mind, illegal and violative of Articles 19 (C) and 300-A of the Constitution of India.

2. It is submitted that the petitioner No.1-Muslim Education, Social and Cultural Organisation (MESCO) is a charitable organization governed by the provisions of the Telangana Societies Registration Act, 2001 (for short ‘the Act’) and represented by its Managing Committee-petitioner No.2. The head office of MESCO consists of a Diagnostic Centre where 300 to 500 patients suffering from various ailments visit on daily basis and it is under the management of the petitioner No.2.

3. It is the case of the petitioners that some suspended employees of MESCO colluded with antisocial elements and started creating nuisances to the activities of MESCO and the diagnostic centre. On 19.02.2024, based on the complaint lodged by the Secretary of MESCO, FIR.No.82 of 2024 was registered with the Nallakunta Police Station wherein it was stated earlier FIR.No.512 of 2022 was registered against antisocial elements for threatening the committee members and staff of MESCO. When there was an attempt to manipulate and de-face the documents, the petitioners along with one Syed Mohammed Hussain (Plaintiff No.1) instituted a suit in O.S.No.4545 of 2023 on the file of the IX Junior Civil Judge, City Civil Court, Hyderabad, seeking to declare that the defendants No.2 to 10 are not members of MESCO and also for permanent injunction to restrain the defendants from interfering with the decisions, resolutions, instructions, directions, working of staff, labour, Managing Committee, administration, Business Management, accounts, funds, affairs in Head-office, branches, colleges, schools, laboratories, equipment, coaching centres, diagnostic centres by anyway disturbing, disrupting, occupying, dispossessing the plaintiff society, its security from premises or any other part matters connected thereof in the interest of justice. Ex parte ad-interim injunction was granted vide order dated 13.09.2023 in IA.No.1102 of 2023. It appears objection was taken by the defendants that civil Court does not jurisdiction to try the suit and plaint was returned under Order VIII Rule 11 of the Civil Procedure Code, 1908. Consequently, ex parte ad interim injunction order dated 13.09.2023 in IA.No.1102 of 2023 stood vacated by order dated 22.11.2023.

4. It is borne out from the record that the plaintiffs-petitioners herein, aggrieved by the order dated 22.11.2023 of the trial Court in returning the plaint and vacating the injunction order dated 13.09.2023, filed two CMA’s viz. CMA.No.119 of 2023 and CMA.No.120 of 2023. Along with CMA.No.119 of 2023, IA.No.2015 of 2023 was filed seeking stay of operation of the order dated 22.11.2023 and IA.No.2106 of 2023 was f