Manchagowda and Another vs M. Madaiah

P.A. Kulkarni, J.—This is a revision by the defendants against the order dated 1.12.1984 passed by the Civil Judge, Nanjangud, in O.S. No. 63 of 1981, allowing I.A. No. 4 filed by the plaintiff and granting police aid to the plaintiff and giving a direction to the police to act in aid of the temporary injunction passed in favour of the plaintiff.

It appears that the plaintiff filed a suit for an injunction restraining the defendants from interfering with his possession of the quarry.

The trial court granted the temporary injunction.

According to the plaintiff, the defendants, not withstanding the grant of temporary injunction, have been interfering with his quarry. Hence he filed the present application I.A. No. 4 urging the following allegations:

For the reasons stated in the accompanying affidavit the applicant prays that the court be pleased to order police help to execute the injunction order granted by this Court or give direction to the concerned police of the suit schedule area, namely, East Police Station, Chamarajanagar, to render police help to the plaintiff for effective implementation of the temporary injunction order as against the defendant and pass such appropriate order to the concerned police to make the defendant obey the order of temporary injunction of this Court.

The trial Court has granted that request. Hence the revision by the defendants.

this Court has clearly laid down in Narasimhappa v. Hanumanthappa C.R.P. No. 419 of 1975 disposed of on 4.6.1976 - (1976 (2) KLJ 40 page 33) as -

If there is an order of temporary injunction in favour of the plaintiff and if the defendants violate the order of injunction, there is appropriate provision in the Code for taking action against the persons violating the order of the court. Hence, the court is not right in directing the police to implement the order of temporary injunction. The police are not the authorities to enforce the order of the court.

Thus in view of the said decision of this Court and in view of the clear provision contained in Order 39 CPC dealing with the disobedience of the temporary injunction, the court below had no jurisdiction to pass an order now impugned in this revision, directing the police to act in aid of the temporary injunction order passed in favour of the plaintiff.

Therefore the order impugned in this revision, is set aside. The revision is allowed.

No costs in this revision.