Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(HP) 2666

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Romesh Verma, Judge
Kiran – Appellant
Versus
Rajesh Kumar – Respondent
CMPMO No. 146 of 2026

Advocates:
For the Appellants/Petitioners: Rajiv Jiwan, Yug Singhal
For the Respondents: R.L. Chaudhary, Diwakar Dev Sharma

Civil Courts exercise inherent powers under Section 151 of the Code of Civil Procedure to grant police assistance for the effective enforcement of temporary injunction orders, particularly when there is a risk of lawlessness or non-compliance.

Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Order 39 Rules 1 & 2 - Ad-interim injunction - Enforcement through police assistance - Trial Court dismissed application for police assistance despite existing injunction order - Held, Civil Courts have inherent power under Section 151 CPC to grant police aid to ensure effective implementation of temporary injunction if there is imminent threat of violation and no other way to ensure compliance.

Facts of the case:
Petitioner filed a suit for permanent prohibitory injunction and obtained an ad-interim order restraining defendants from interfering with the suit land. Petitioner subsequently filed an application for police assistance under Section 151 CPC to enforce the injunction, alleging continued illegal interference by defendants. The trial Court dismissed the application on grounds of alleged encroachment by the plaintiff over government land.

Findings of Court:
The Court observed that the trial Court's decision to deny police assistance rendered the existing injunction order ineffective. It held that unsubstantiated allegations of encroachment by defendants do not justify violating a valid interim injunction. The Court further emphasized that the majesty of judicial orders must be upheld by providing police aid where necessary.

Issues: Whether the court has inherent power to direct police assistance for the enforcement of an ad-interim injunction and whether the trial court erred in dismissing the application based on unsubstantiated allegations of encroachment.

Ratio Decidendi: Civil Courts possess inherent jurisdiction under Section 151 CPC to direct police authorities to render aid for the implementation of court orders or exercise of rights created therein to prevent the abuse of the process of law. Such power is incidental and ancillary to the power to grant injunctions.

Result: Petition allowed; impugned order set aside; police assistance granted.

Table of Content
1. summary of facts leading to the application for police assistance. (Para 1 , 2)

Romesh Verma , Judge (oral)

The present petition arises out of the order dated

17.03.2026, passed by the learned Civil Judge, Barsar, District Hamirpur, H.P., whereby an application filed by the petitioner/plaintiff seeking police assistance for implementation of the ad-interim injunction order dated 26.12.2025 has been dismissed.

2. The brief facts of the case are that the petitioner/plaintiff filed a suit for permanent prohibitory injunction

1 Whether reporters of Local Papers may be allowed to see the judgment?

restraining the defendants through their agents, servants, family members and assignees from causing interference in the peaceful possession, enjoyment, development and construction work over the suit land comprised in Khata No. 10 min, Khatauni No.18 min, Khasra Nos. 728/274, 730/275, 276 and 2f77, kitas 04, land measuring 00-04-59 hectares, situated at Village Morsu Datyalan, Tappa Pahloo, Tehsil Barsar, Districtt Hamirpur, H.P.

3. It has been averred in the plaint that the plaintiff is the exclusive and absolute owner in peaceful possession of the suit land. She purchased the suit land in the year 2023 from one Sh. Nikka, S/O Sihnu for valuable sale consideration and since then the plaintiff has been in exclusive ownership and possession of the suit land. It has been averred that the defendants are the stranger to the suit land and they have got no right, title and interest over the same in any manner. After purchasing the suit land, the plaintiff applied for the demarcation and accordingly on 17.11.2023, the revenue authorities conducted the demarcation of the spot and fixed and defined the boundaries of the suit land in presence of the adjoining land owners. Thereafter, plaintiff obtained permission from the department of Town and Country Planning, Government of H.P. vide permission dated 14.08.2025 for the construction over the suit land. Pursuant to the permission granted by the authorities the plaintiff started leveling the suit land by deploying the JCB machine. Then the defendants appeared on the spot and illegally and forcibly obstructed the development work, created hindrance, and did not allow thef plaintiff to carry out the development/ construction on her own land without any lawful justification. That on 15.12.2025 tthe police visited the spot alongwith Halqua Patwari, who in the presence of the defendants verified the spot and found the construction work which was carried out by the plaintiff over the suit land. That the defendants have continued their unauthorized and unlawful interference despite making requests to them several times.

4. Therefore, the suit was filed for permanent prohibitory injunction restraining the defendants from causing any interference in the peaceful possession, enjoyment, development and construction work over the suit land. Further it has been prayed that in case the defendants succeed to cause any obstruction or damage to the development work, then decree for damages be passed in favour of the plaintiff.

5. Alongwith the suit an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC has been filed for the grant of ad interim injunction was filed before the learned trial Court. The copy of the permission for the development of the plot/suit land has been placed on record Annexure P-2 in the present proceedings. The learned Civil Judge Barsar, District Hamirpur, H.P. vide its order dated 26.12.2025 passefd the ex-parte ad interim injunction in favour of the plaintiff/petitioner and respondents were restrained fromt digging, raising construction, changing nature or interfering over the suit land till further orders.

6. After the passing of the ad-interim injunction by the learned trial Court, the present petitioner filed an application under Section 151 of CPC for providing police assistance to enforce the order dated 26.12.2025. It was averred in the application that afte

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2026 Supreme(Online)(HP) 2666

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLARomesh Verma, JudgeKiran – AppellantVersusRajesh Kumar – RespondentCMPMO No. 146 of 2026

Civil Courts exercise inherent powers under Section 151 of the Code of Civil Procedure to grant police assistance for the effective enforcement of temporary injunction orders, particularly when there is a risk of lawlessness or non-compliance.

Cases Referred (1)

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Romesh Verma, Judge
Kiran – Appellant
Versus
Rajesh Kumar – Respondent
CMPMO No. 146 of 2026