Romesh Verma, Judge (Oral).

1. The present petition arises out of order as passed by learned Senior Civil Judge, Hamirpur in CMA No. 593 of 2019, on 23.08.2021, whereby, SHO Police Station Sadar Hamirpur was directed to implement order dated 08.03.2019 passed by the said Court and to remove the debris and pakka danga/retaining wall constructed by the defendant on the suit land as denoted by Khasra No. 974/1 in demarcation report dated 18.10.2019 and as shown in Aks Shajra Tatima.

2. The facts of the case are that the respondents/plaintiffs have filed a suit for permanent prohibitory injunction restraining the defendant, his agents servants, family members and assignees from making any sort of encroachment over the suit land comprised in Khata Nfo.28 min, Khatauni No.29 min, Khasra Nos. 974 & 975, kita 2, measuring 0-01-22 hectares situated in Village Brahlari, Mauja Jangal, Sub Tehsil Galore, District Hamirpur, Hu.P. It was further prayed that defendant be restrained from raising any construction and changing the nature of the suit land by extension of projection of his proposed construction over the suit land and raising construction without leaving the setbacks towards the suit land as required under law and from taking forcible possession of suit land or any part of it and in case the defendant succeeds making encroachment over the suit land by raising any construction over the suit land, in that event, a decree for possession by way of demolition by mandatory injunction directing the defendant to restore the suit land to its original position be passed.

3. The suit was contested by the defendant by filing written statement wherein various preliminary objections with respect to the maintainability, cause of action, estoppel etc., have been taken. On merits, the allegations as levelled in the plaint were refuted.

4. Plaintiffs/respondents along with suit have also filed an application under Order 39, Rules 1 and 2 of the CPC for interim injunction and vide its order dated 08.03.2019, the learned trial Court restrained the defendant from changing the nature of the suit land comprised in Khata No.28 min, Khatauni No.29 min, Khasra Nos. 974 & 975, kita 2, measuring 0-01-22 hectares situated in Village Brahlari, Mauja Jangal, Sub Tehsil Galore, District Hamirpur, H.P., raising any construction thereon, making encroachment thereon and taking forcible possession thereof till further orders.

5. The respondents/plaintiffs filed an application under Section 151 of the CPC for providing police assistance so as to enforce the injunction order dated 08.03.2019 as passed by the learned trial Court. It was averred in the application by the respondents/plaintiffs that the trial Court vide its order dated 08.03.2019 restrained the defendant/respondent from changing the nature of the suit land by raising any construction thereon, making encroachment and taking forcible possession thereof till further orders. The said order was duly served upon the respondent/defendant through the process serving agency. It was averred that the court had appointed local commissioner whose report is already on record. The Tehsildar Galore visited the spot and demarcated the suit land and land of defendant.

6. In the said demarcation, the defendant was found to have encroached over the suit land to the extent of 1.5 meters and it was also found that the defendant has constructed concrete retaining wall/danga just adjacent to the house of plaintiffs due to which the house has fallen down as he has blocked the flow of rainy and other waters around the house of the applicant/plaintiff and the debris lying in the drain is not being allowed to be removed by the respondent/defendant. In case, the plaintiff is not allowed to remove the debris and danga constructed by him just adjacent to the house of plaintiffs, there is every likelihood of same being fallen down. Therefore, it was prayed that the order dated 08.03.2019 may be enforced by providing police assistance.