ILR 2010 KAR 1197
KARNATAKA HIGH COURT
Smt Karisiddamma and Others vs. Smt Sanna Kenchamma*
đź“ŚCODE OF CIVIL PROCEDURE, 1908 – ORDER 39 RULE 1 AND 2 – Grant of Temporary Injunction under – Subsequent Interlocutory Application filed seeking police protection to enjoy the suit schedule property – Direction issued to the jurisdictional Police to give necessary police protection Challenge to – HELD, For implementing the injunction order, the Court can always exercise its inherent powers to grant police aid. The aggrieved party cannot be precluded from seeking police assistance in enforcing the temporary injunction order, just because he can exercise the remedy provided under Order 39 Rule 2-A of C.P.C. – In a fit case, the Court can undoubtedly direct police aid as a preventive measure. This power though not expressly conferred, is a power incidental or ancillary to the exercise of the power to grant injunction pending the suit. – When a temporary injunction order is made absolute after hearing both the sides, there are no legal impediments in granting the police assistance for enforcing the temporary injunction order depending upon the gravity of situation. – FURTHER HELD, In the light of granting the temporary injunction order after hearing both the sides, if a party in whose favour the temporary injunction order is made, complains to the Court that the other side is obstructing her use of the road and that the police are not coming to her rescue, the Trial Court is well within its limits to pass an order directing the police to give the necessary aid in the enforcement of the temporary injunction order. The Court can grant police aid exercising its inherent powers. Otherwise the interests of the litigants cannot be protected against a party, who violates the temporary injunction order. – Impugned order passed by the Trial Court is justified.