Case Note & Summary
The petitioners, Hemant Vasant Jagtap and another, filed a suit for permanent injunction against the respondents, Haji Abdul Malik Haji Yunusisa and others, seeking to restrain them from interfering with their possession over the suit property. The trial court granted an interim injunction on January 7, 2022, restraining the defendants from causing obstruction. The defendants filed an appeal, but the injunction remained in force. The petitioners then filed an application (Exhibit-52) seeking police protection to cultivate the suit land, alleging that when they attempted to flatten the land with a JCB machine on January 8, 2022, they were obstructed. The trial court rejected this application on June 30, 2022, leading to the present writ petition. The High Court examined whether the trial court was justified in denying police protection. The court noted that the interim injunction was still operative and that the petitioners had a right to enjoy the property. The court held that police protection is a necessary concomitant of an interim injunction to ensure its efficacy and prevent breach of peace. The court also invoked its inherent powers under Section 151 CPC to grant such relief. The High Court set aside the trial court's order and directed the police to provide protection to the petitioners for cultivation of the suit land, subject to the petitioners giving an undertaking to abide by the final outcome of the suit.
Headnote
A) Civil Procedure - Interim Injunction - Police Protection - Order 39 Rules 1 and 2, Section 151 Code of Civil Procedure, 1908 - The trial court rejected the plaintiffs' application for police protection to cultivate the suit land despite an existing interim injunction in their favour. The High Court held that police protection is a necessary concomitant of an interim injunction to ensure its efficacy and prevent breach of peace. The court directed the police to provide protection to the plaintiffs for cultivation. (Paras 1-15) B) Civil Procedure - Inherent Powers - Section 151 CPC - Police Protection - The court held that even if there is no specific provision in the CPC for grant of police protection, the court has inherent powers under Section 151 CPC to pass such orders as are necessary to secure the ends of justice. (Para 12) C) Civil Procedure - Interim Injunction - Enforcement - Police Protection - The court observed that the trial court's order rejecting police protection was erroneous as it failed to consider that the injunction order was still operative and that the plaintiffs had a right to enjoy the property. (Paras 10-13)
Issue of Consideration
Whether the trial court was justified in rejecting the plaintiffs' application for police protection to assist them in cultivating the suit land in pursuance of an interim injunction order that was still in force.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order dated June 30, 2022, and directed the police to provide protection to the petitioners for cultivation of the suit land, subject to the petitioners giving an undertaking to abide by the final outcome of the suit.
Law Points
- Police protection is a necessary concomitant of an interim injunction
- Civil Court can grant police protection to enforce its orders
- Order 39 Rule 1 and 2 CPC
- Section 151 CPC
- Inherent powers of court
