Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police help - Cannot be denied on the ground that defendants were arrested u/ss 107/151 Cr.P.C. as there was scuffle between the parties - Held, it rather strengthens the case of plaintiff for grant of police help as it depicts that defendants did try to interfere in..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police aid - Can be granted when there is threat of breach, disobedience or violation of order of injunction/ad interim injunction - Once the order is breached or disobeyed, then party has to take recourse to O.39.R.2-A or U.O.21.R.32 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Court in exercise of its inherent power can grant police aid for implementation of the Court's order - Exercise of such power is necessary for the ends of justice or to prevent abuse of the process...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid for execution of interim order - Order of status quo passed directing parties not to raise any construction therein - Defendant raising construction in his own land - No ground to interfere with the order dismissing application...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police aid - Court has got ample powers to issue appropriate orders u/s 151 CPC, directing the district authorities to implement the injunction granted by it - In case, Court has passed injunction order, it shall be incumbent upon the district authorities to implement..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- Interim injunction - Implementation - Police help - Court has got ample power to enforce its order - Trial Court can issue appropriate direction or order to local authorities and administration to ensure compliance of injunction granted by it in pursuance to inherent power conferred by S.151 of the Code and it..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help - Cannot be granted on the vague plea that defendant alongwith some persons tried to dispossess the plaintiff from the land in dispute in absence of some material before the Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Temporary injunction will become ineffective if police aid not granted as it is not possible for plaintiff to protect his possession - Order granting police aid does not suffer from any illegality or irregularity and the same is in accordance with law...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1,2 -- Status quo order - Implementation - Police help - Order for police help obtained by suppressing the fact that defendants are in possession of the suit property - Held, impugned order cannot be sustained...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Police help to enforce the order - Both the parties claiming their possession - Both the parties filed suits and in both the suits ad interim injunction restraining interference in possession granted - Appeal against ad interim injunction order pending in both the suits - Factum of possession still..........
