Bhasi vs K. Omana And Ors

Petitioner is the plaintiff in O.S.No.467/2019 on the file of Munsiff Court, Alathur.

I heard the learned counsel for the petitioner at the stage of admission.

It is submitted that a temporary order of injunction was issued after hearing both parties, in favour of the petitioner by the court of first instance

which was later challenged by the aggrieved defendants in C.M.A.No.54/2020. By Ext.P3 judgment, the appellate court vacated the order of

temporary injunction which restrained the respondents herein from dispossessing the petitioner from the property. It is stated that in O.P.

(C)No.907/2020, the order of the appellate court was stayed.

I.A.No.3/2021 was later filed by the petitioner before the Munsiff Court, Alathur, seeking to implement the order of injunction through police. That

interlocutory application was dismissed and the request was declined.

The ground for dismissal of I.A.No.3/2021 is that the order passed by the court of first instance has merged in the appellate order.

It is true that a civil court has power to implement order of injunction passed by it through police in appropriate cases. When the impugned order

itself is under challenge and is sub judice, it doesn't appear to be fair to permit implementation of such orders through police. The challenge raised by

the respondents as to legality of the order in C.M.A.No.54/2020 is under consideration in O.P.(C)No.907/2020. The proceedings are still pending and

this Court is yet to decide on the legality of the appellate court's order. The proceedings have not attained finality and in that scenario, it is not fair at

all to permit the order of the Munsiff Court, Alathur to be implemented through police.

In my view, the learned Munsiff has not committed any illegality in passing Ext.P6 order. The court below has taken a balanced view in the matter

and refused to order implementation of the order through police.

In the result, original petition fails and it is dismissed at the stage of admission. The petitioner may agitate his grievance in O.P. (C)No.907/2020 if law

would permit.

All pending interlocutory applications will stand closed.