Or.39, rule 1 &2 and Sec.151 C.P.C- When once an injunction order is not carried out it is always open for the parties to seek police protection to see that the said order is properly implemented. =2015 A.P.(2002)MSKLAWREPORTS



 It is true that Order 39, Rule 2A of the Code deals with consequences of disobedience or breach of injunction. But, it does not mean that the Court below is not competent to provide police protection in exercise of its inherent powers under Section 151 of the Code. When once an injunction order is not carried out it is always open for the parties to seek police protection to see that the said order is properly implemented. Therefore, I do not find any error in the order of the learned Principal Junior Civil Judge.

It is to he noted that a person who obtained injunction order in his favour normally would not resort to file a petition seeking police protection unless there is a threat by the opposite party. As the respondent-plaintiff is not in a position to execute the injunction order, he filed the petition and obtained police protection to restrain the illegal activities of the petitioners-defendants. Therefore, the contention of the petitioners-defendants that there is a threat at the hands of the respondent-plaintiff cannot be accepted.=2015 A.P.(2002)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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