Civil Courts possess inherent powers under Section 151 of the Code of Civil Procedure to direct police assistance for the effective implementation and enforcement of interim injunction orders to maintain the majesty of the court and prevent the abuse of judicial process.

Romesh Verma, Judge

The present petition arises out of the order as passed by the learned Senior Judge Civil Judge, Court No.1, Ghumarwin, District Bilaspur, H.P. dated 04.08.2022, whereby the application under Section 151 of C.P.C for police aid has been allowed with direction to preserve the suit land and also to maintain harmonious relationship between the parties. The Police of Police Station Bharari has been directed to provide necessary help to the petitioner in case the respondents cause any interference, dig the suit land, raise construction and change the nature of the suit land, however it has been ordered that the question with respect to removing of locks by the respondents or the petitioner over the suit land shall be decided by the Court when necessary evidence is led by both the parties.

Brief facts of the case are that the present petitioner filed a suit for permanent prohibitory injunction restraining the defendants from causing any interference over any part of the land in suit measuring 2-3 bighas comprised in Khasra No. 220/96,222/110, 187,224/195,249/225/195,196 kitta-6 No. Khata/khatauni No.14/14, situated in Village Chakrana, Pargana Ajmerpur, Tehsil Ghumarwin, District Bilaspur in any manner either personally or through the agents, servants and family members was sought to be passed in favour of the plaintiff/petitioner and against the defendants/respondents. In alternative decree of possession was sought in case the defendants/respondents forcibly dispossess the plaintiff/petitioner from the suit land or any part of it during the pendency of the suit.

The petitioner/plaintiff along with the suit filed an application under Order 39 Rules 1 and 2 C.P.C. for restraining the respondent /defendant either personally or through their agents, servants or family members from causing any interference over the suit land in any manner. It was also averred that the defendants tried to unlock the room where machinery and meter bearing BHA-1044 have been installed, which is constructed over a part of the suit land.

The learned trial Court allowed the application filed by the plaintiff/petitioner vide its order dated 09.05.2017. The respondent/defendant was retained from interfering digging, raising construction and changing the nature of the suit land till the final decision of the main suit.

After passing of the interim injunction in favour of the plaintiff, the applicant/plaintiff filed an application under Section 151 C.P.C for police assistance. It was averred in the application that the respondents are strangers to the suit land and they are forceful and strong headed persons. There is a well in the suit land alongwith the structure where electricity meter connection has been installed. On 16.06.2018, the respondents dug the suit land to occupy it. Though, the Court had passed an interim injunction on 09.05.2017 in favour of the applicant/plaintiff and against the respondents however, despite passing of the said order, the respondents started digging the suit land on 16.06.2018 and violated the orders passed by Court on 09.05.2017. The matter was reported by the plaintiff to the police on 17.06.2028 and entry was made in Rojnamcha and in pursuance to that, the police visited the spot. It has been stated that there is a tubewell belonging to the plaintiff and the electricity connection bearing No. BHA 1044-AS-ASBH has been installed in the name of the petitioner since 2010 and he has regularly been paying charges thereof. It has been averred that the old meter was not giving proper reading so it was required to be replaced as under new scheme the government has provided the new electricity meters. In order to replace the same on 06.06.2019 Sh. Anil Kumar Dhiman alongwith his two associates entered in the land of the petitioner under the supervision of Sh. Roop Lal AE of the HPSEB Ltd. Bharari Sub Division but, the respondents quarreled with them and did not allow to replace the meter as per direction of the gover