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Directs Police to Enforce Injunction Protecting Senior Citizen
The has ruled that a civil court can direct police assistance to enforce an injunction order, even when an exists under . Justice Romesh Verma allowed a petition filed by 74-year-old Prem Lal, who alleged his son and daughter-in-law continued to interfere with his property despite an existing court order.
A Father's Fight for His Home
Prem Lal had filed a civil suit seeking a against his son, Ravinder Kumar, and daughter-in-law, Sapna, to stop them from interfering with his house and land in Village Bhagwani, Bilaspur. The trial court initially granted an in , and on , passed a final order restraining the respondents from causing any hindrance or construction on the property until the suit was disposed.
However, Prem Lal claimed that the respondents continued to disrupt his possession. He moved an application under for police assistance to implement the March 5 order. The trial court dismissed this application on , prompting the senior citizen to approach the High Court under .
Police Assistance: A Necessary Tool for Justice
The respondents were served but did not appear, and the High Court proceeded . Justice Verma observed that once a competent court grants an injunction, parties cannot take the law into their own hands. The court rejected the trial court's reasoning that the existence of a remedy under Order 39 Rule 2A barred the petitioner from seeking police aid.
The High Court cited earlier decisions, including Sanjay Kumar vs. Vijay Kumar (2023) and Jaishi Ram vs. Salig Ram (1981), to affirm that civil courts possess under to direct police authorities to enforce their orders. The court noted that these powers are complementary to the Code's express provisions and essential for preventing .
"Majesty of the Court Order Must Be Upheld"
In a significant observation, Justice Verma stated:
"Once the injunction order stands passed by the court, then the same cannot remain on papers and cannot be permitted to be violated to the detriment of the rights of the petitioner."
The court underscored the vulnerability of senior citizens, noting that Prem Lal had been
"compelled to knock at the doors of the court at the fag end of his life."
The High Court further held:
"Merely for the reason that the petitioner has an
under Order 39 Rule 2A of CPC, will not preclude the petitioner to invoke the provisions of
for the enforcement of the injunction order through the police assistance."
Final Order: Police to Implement Injunction
Allowing the petition, the High Court quashed the trial court's order and directed the Station House Officer of , to enforce and implement the injunction order in its letter and spirit. The decision reinforces the principle that interim protection orders must be effectively enforced, particularly when the rights of elderly citizens are at stake.
