Compliance with an injunction order is mandatory until successfully challenged, including the provision of police assistance for enforcement.

JUDGMENT

Dated this the 07th day of September, 2021 Petitioners are the defendants in O.S.No.23/2019 on the files of the Munsiff Court, Mannarkkad and is aggrieved by Ext.P3 order in I.A.No.937/2019, by which the trial court granted Police protection for implementing the injunction order passed earlier.

2. The suit is filed for fixation of boundaries and for permanent prohibitory injunction. In the suit, the plaintiffs moved I.A.No.89/2019 seeking temporary injunction, which the trial court had allowed vide Ext.P7 order dated 30.01.2020. The said order was granted after hearing all the parties and after adducing evidence. Thereafter, the plaintiffs moved I.A.No.937/2019 alleging that the petitioners had violated the injunction order and the order ought to be implemented with Police aid. Therein also, after hearing all the parties, the court below found that the plaintiffs had made out a strong ground for getting the injunction order implemented. Consequently, Ext.P3 order was issued.

3. Learned Counsel for the petitioners contended that the petitioners have been in occupation of the plaint scheduled property, as evidenced by Ext.P6 order of the Sub-Collector. This crucial fact was not taken into account by the trial court, while granting the order of injunction. Moreover, the trial court is not justified in granting Police protection for implementing the order.

4. Learned Counsel for the respondents contended that, as the petitioners have not so far challenged Ext.P7 injunction order in appeal, and therefore cannot refuse to abide by the order. The impugned order has been passed after taking into consideration all relevant factors and warrants no interference under the supervisory jurisdiction vested with this Court.

5. Having heard the learned Counsel and having gone through the order in detail, I find that the order warrants no interference. Learned Counsel for the petitioners submitted that an application for vacating the injunction order is pending before the trial court.

Accordingly, the Original Petition is dismissed, making clear that this order does not preclude the petitioners from pursuing their remedies against Ext.P7 injunction order.