Case Note & Summary
The petitioners, defendants in a civil suit, challenged an order passed by the learned Civil Judge allowing the respondent-plaintiff's application under Section 151 of the Code of Civil Procedure, 1908 seeking police aid to enforce a temporary injunction order. The respondent had filed a suit for perpetual injunction restraining the petitioners from obstructing his possession and from destroying a road. The trial court granted temporary injunction on 14.01.2020. On 20.01.2020, the respondent filed an application under Section 151 CPC for police aid, which was opposed by the petitioners on grounds of maintainability and pendency of an appeal against the temporary injunction order. The trial court allowed the application, leading to the present writ petition. The High Court held that the application under Section 151 CPC for police aid was not maintainable as the temporary injunction order was already under challenge in Miscellaneous Appeal No. 1/2020. The court observed that the proper remedy for the respondent was to seek enforcement under Order XXXIX Rule 2-A CPC or await the outcome of the appeal. The impugned order was quashed and set aside.
Headnote
A) Civil Procedure - Temporary Injunction - Police Aid - Section 151 CPC - Maintainability - Application under Section 151 CPC seeking police aid to enforce temporary injunction order is not maintainable when the order of temporary injunction is already challenged in appeal - Held that the proper remedy is to seek enforcement under Order XXXIX Rule 2-A CPC or await the outcome of the appeal (Paras 3-6).
Issue of Consideration
Whether an application under Section 151 of the Code of Civil Procedure, 1908 seeking police aid to enforce a temporary injunction order is maintainable when the order of temporary injunction is already under challenge in appeal.
Final Decision
The impugned order dated 20.01.2020 allowing application Exhibit 56 is quashed and set aside. The writ petition is allowed. Rule is made absolute.
Law Points
- Police aid cannot be granted under Section 151 CPC when temporary injunction order is already in place and challenged
- Application under Section 151 CPC for police aid is not maintainable in such circumstances
Case Details
2020 LawText (BOM) (12) 21
Writ Petition No. 7799 of 2020
Mr. R.R. Karpe for Petitioners, Mr. S.S. Kulkarni for Respondent
Ramesh S/o. Yashwant Khedkar, Satish s/o. Yashwant Khedkar, Prashant S/o. Satish Khedkar
Anil s/o. Sitaram Khedkar
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Nature of Litigation
Civil writ petition challenging order granting police aid under Section 151 CPC to enforce temporary injunction.
Remedy Sought
Petitioners sought quashing of the order dated 20.01.2020 allowing application Exhibit 56 for police aid.
Filing Reason
The respondent filed application under Section 151 CPC for police aid to enforce temporary injunction order, which was allowed by the trial court despite the order being challenged in appeal.
Previous Decisions
Trial court granted temporary injunction on 14.01.2020; petitioners challenged it in Miscellaneous Appeal No. 1/2020 (pending).
Issues
Whether an application under Section 151 CPC for police aid is maintainable when the temporary injunction order is under challenge in appeal.
Submissions/Arguments
Petitioners argued that the application under Section 151 CPC was not maintainable as the temporary injunction order was already challenged in appeal and there was no cause of action.
Respondent sought police aid to enforce the temporary injunction order.
Ratio Decidendi
An application under Section 151 CPC seeking police aid to enforce a temporary injunction order is not maintainable when the order of temporary injunction is already under challenge in appeal. The proper remedy is to seek enforcement under Order XXXIX Rule 2-A CPC or await the outcome of the appeal.
Judgment Excerpts
The respondent is the original plaintiff who has filed a suit for perpetual injunction...
By the impugned order the learned Civil Judge allowed the application Exhibit 56 as prayed for.
Procedural History
Suit filed by respondent for perpetual injunction. Temporary injunction granted on 14.01.2020. On 20.01.2020, respondent filed application under Section 151 CPC for police aid. Petitioners opposed. Trial court allowed application. Petitioners filed writ petition. High Court allowed writ petition and quashed order.
Acts & Sections
- Code of Civil Procedure, 1908: Section 151, Order XXXIX Rule 1, Order XXXIX Rule 2, Order XXXIX Rule 2-A
