Karnataka High Court
Civil Procedure and EvidenceCivil Law

Availability of Order XXXIX Rule 2A does not bar police aid to enforce an injunction.

ASHA vs VISHWANATH

Karnataka High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Availability of Order XXXIX Rule 2A does not bar police aid to enforce an injunction.. ASHA vs VISHWANATH. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

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. 10

Alleging 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, 11

She then sought police protection under Section 151 CPC.

Source reference: no citation

The Trial Court dismissed the application, reasoning that she had an efficacious remedy under Order XXXIX Rule 2A CPC.

Source reference: paras. 3–4

She challenged that dismissal in this writ petition.

Source reference: para. 5
02

Issues

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. 12

2. Whether the Trial Court’s dismissal of the application on that ground warranted interference in writ jurisdiction

Source reference: paras. 12–13
03

Law 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. 12

Order 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. 12

The court must ensure that its orders are obeyed and implemented in their true letter and spirit.

Source reference: para. 12

No precedent was cited.

Source reference: no citation
04

Reasoning

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. 10–11

The 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. 12
05

Holding

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.
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Karnataka High Court

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ASHAvsVISHWANATH

Karnataka High Court · October 07, 2026

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