The court clarified that enforcement of an interim injunction must be sought through the Civil Court, not through wider powers such as police intervention.

JUDGMENT

K.T.Sankaran, J.

The petitioner claims to be the absolute owner and title holder of the property comprised in R.S.No.488/1 of Melarkode Village in Alathur Taluk, having an extent of 31 cents. It is averred that the fifth respondent is sharing common boundaries with the petitioner's property on the northern and western sides. According to the petitioner, the property in question is a pond having clear mud walls on all sides. The petitioner is doing fish farming in the pond and it is also used as a water source for irrigating paddy field. It is alleged that motor and irrigation equipments used to be stolen by miscreants. Therefore, the petitioner started to make an “iron bar fencing” around the pond. That work was obstructed by the fifth respondent. Thereupon, the petitioner filed O.S.No.184 of 2016 on the file of the Court of the Munsiff of Alathur (Ext.P1) for fixation of boundaries of the property and for an injunction restraining the defendant (fifth respondent) from causing obstruction to the protection and maintenance of the property in question, which is shown as the plaint schedule property. The Munsiff's Court passed Ext.P3 ad interim order of injunction dated 11.4.2016 in I.A.No.837 of

2016, which reads as follows:

“This petition is filed by the petitioner/plaintiff under Order 39 Rule 1 & 2 and section 151 of the Civil Procedure Code.

Heard.

Perused document and affidavit. I am satisfied that petitioner has got prima facie case and balance of convenience is also found in favour of the petitioner. If injunction is not granted, petitioner will be put irreparable hardship. Petitioner is permitted to put up a temporary fencing after leaving entrance portion space. Petitioner is directed to comply Order 39 Rule 3 of Civil Procedure Code. Returnable 21.05.2016.”

2. Learned counsel for the fifth respondent submitted that he appeared in O.S.No.184 of 2016 and filed counter in I.A.No.837 of 2016. It is submitted that the fifth respondent has applied for vacating the order of injunction.

3. The learned counsel for the petitioner submitted that the Civil Court has granted an order permitting the petitioner to put up a temporary fencing after leaving entrance portion and this would satisfy the convenience of the fifth respondent. This is disputed by the learned counsel for the fifth respondent.

4. It is well settled that ad interim order of injunction passed by the civil court cannot be enforced by granting an order for police protection. InMammoo v.Abdu ( 1990 (2) KLT 569 ), it was held that the parties having already approached the Civil Court and interim injunction having been obtained, they would have to approach the Civil Court for appropriate relief under Order 39 Rule 2A and Section 151 of the Code of Civil Procedure to implement that order. The Court has adequate power to protect and enforce its order with police aid. InMohammad v. Mohammed Haji (1986 KLT 134), it was held that though action can be taken by the Court for violation of injunction under Order 39 Rule 2A of the , that does not end there as it is open to the Court to implement its order by exercising its inherent powers under Section

151 of the Code of Civil Procedure . In order to do justice or to prevent abuse of the process of court, the Civil Courts have ample jurisdiction to give directions to the police authorities to render aid to the aggrieved parties with regard to the implementation of the orders of the court or the exercise of the rights created under the orders of Court.

5. In the present case, the petitioner has obtained an ad interim order of injunction in his favour. The fifth respondent appeared before the Civil Court and filed objection. The fifth respondent also filed an application to vacate the interim order. The matter is now pending before the Civil Court. If an order for police protection as claimed by the petitioner is granted at this stage, it would defeat the proceedings before the Civil Court and may some times defeat the rights of