Or.39, rule 1 & 2 & 2 A and police Aid - Every effort has to be made to see that such applications are dealt with expeditiously and willful disobedience should not be tolerated. Such kind of applications should not be dealt with casually and should not be adjourned to longer dates. = 2015 A.P.(2014) MSKLAWREPORTS



It is clear that the lower Court granted injunction order on 18.11.2013.  When
there is a complaint that the injunction order has been violated by the
respondents by trespassing into the suit land, the Courts have to visualize the
urgency in the matter.  
Every effort has to be made to see that such
applications are dealt with expeditiously and willful disobedience should not be
tolerated.  Such kind of applications should not be dealt with casually and
should not be adjourned to longer dates.  If the injunction orders are violated
without any due regard to the orders of the Court, there will be no respect to
the Court orders, therefore necessary police aid should be given as and when the
circumstances warrant.  However, if any application for vacate injunction is
pending then both such applications i.e., vacate petition, application alleging
violation of injunction order and police aid petition should be disposed of
simultaneously.  As and when such grievances are expressed by the parties, the
Courts have to dispose of the same urgently, preferably at least within 30 days
from the date of filing of such application. = 2015 A.P.(2014) MSKLAWREPORTS

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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