Facts
The petitioner-plaintiff obtained a temporary injunction restraining the respondents from interfering with her peaceful possession and enjoyment of the suit property.
Source reference: para. 10Alleging that the respondents continued to interfere despite the injunction, she complained to the police, who declined to act on the ground that the dispute was civil in nature.
Source reference: paras. 2, 11She then sought police protection under Section 151 CPC.
Source reference: no citationThe Trial Court dismissed the application, reasoning that she had an efficacious remedy under Order XXXIX Rule 2A CPC.
Source reference: paras. 3–4She challenged that dismissal in this writ petition.
Source reference: para. 5Issues
1. Whether the availability of a remedy under Order XXXIX Rule 2A CPC, by itself, justifies rejecting an application for police protection to enforce a temporary injunction
Source reference: para. 122. Whether the Trial Court’s dismissal of the application on that ground warranted interference in writ jurisdiction
Source reference: paras. 12–13Law Applied
Section 151 CPC preserves the civil court’s inherent powers, which may be invoked to seek police aid for implementing the court’s orders.
Source reference: para. 12Order XXXIX Rule 2A CPC provides a remedy for disobedience of an injunction, but its availability is not, by itself, a sufficient ground to reject an application for police protection.
Source reference: para. 12The court must ensure that its orders are obeyed and implemented in their true letter and spirit.
Source reference: para. 12No precedent was cited.
Source reference: no citationReasoning
The petitioner had an operative injunction protecting her possession and alleged that the respondents were disobeying it; the police had declined assistance because they viewed the matter as civil.
Source reference: paras. 10–11The Trial Court dismissed the application solely because Order XXXIX Rule 2A CPC was available. The High Court held that this alternative remedy did not relieve the court of its duty to ensure compliance with its orders, and that the Trial Court had therefore erred in rejecting the application on that basis.
Source reference: para. 12Holding
The High Court allowed the writ petition, quashed the Trial Court’s order dated 8 September 2025, and allowed I.A. No. V as prayed for.
Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
ASHAvsVISHWANATH
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