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2025 Supreme(Online)(P&H) 16964

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAGHBIR SINGH – Appellant
Versus
RISHI PAL VERMA AND ORS – Respondent


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :23.09.2025 RAGHBIR SINGH ... PETITIONER VERSUS RISHI PAL VERMA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Gagandeep Rana, Advocate for the petitioner.

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PARMOD GOYAL, J.

1. The present petition has been preferred by petitioner-defendant No. 1, who is aggrieved by the order dated 28.08.2025 (Annexure P-7), passed by the learned Civil Judge (Junior Division), Gurugram. Vide impugned order, the Court of first instance had directed the implementation of the interim injunction earlier granted vide order dated 23.08.2024 and police aid was granted for removal of any encroachment over the common passage.

2. The impugned order dated 28.08.2025 was passed on an application preferred by the plaintiff-respondent under Section 151 of the Code of Civil Procedure (CPC), seeking police assistance for removal of alleged encroachment made in violation of the injunction order dated 23.08.2024.

3. Learned counsel for the petitioner has challenged the impugned order on the following twin grounds:

(i) That the Court of first instance could not have proceeded under Section 151 CPC, and any action fo

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