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E. Venkatarama Naidu VS E. Ramachandra Naidu - Current Civil Cases (2015)
: Police assistance can be ordered under Order 39 Rule 2A read with Section 151 of the Civil Procedure Code, 1908, when there is a complaint about violation of a temporary injunction order, even if relief is available under the same rule. The court is fully empowered to grant police help in such cases, particularly when there is a threat of dispossession or a complaint of breach of the temporary injunction order.Checking relevance for Hemant Vasant Jagtap VS Haji Abdul Malik Haji Yunusisa...2023 0 Supreme(Bom) 124 : Police assistance can be ordered when there is a grave emergency, such as an apprehension of violence by persons against whom the temporary injunction order has been passed, and the court is fully convinced about the existence of such exceptional circumstances. This power under Section 151 of the Civil Procedure Code is to be exercised with caution and only when the court is satisfied that the situation warrants such an extreme measure. The court may direct police aid for enforcement of a temporary injunction order when there is a clear violation of the injunction and a real threat of violence, especially where the party in breach continues to occupy the property despite the order and allegations of violence have been made by both sides.Checking relevance for Jagdishbhai Madhubhai Patel VS Saraswatiben Wd/O Asharam Revendas...
2019 0 Supreme(Guj) 1093 : Police assistance can be ordered when there is obstruction or non-cooperation by the party against whom a temporary injunction has been granted, particularly in cases where the enforcement of the injunction is being prevented or hindered. The court may invoke its inherent powers under Section 151 of the Civil Procedure Code to direct police authorities to render aid in enforcing the order of temporary injunction, especially in peculiar circumstances where the aggrieved party cannot fully benefit from the injunction due to such obstruction. This is permissible when no specific provision exists for implementation of the injunction under the Code, and the court deems it necessary to ensure complete justice.Checking relevance for Gram Panchayat VS Lokesh Devi...
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2014 0 Supreme(Ori) 75 : Police assistance is not ordered when relief is available under Order 39, Rule 2-A of the Civil Procedure Code in the case of breach of a temporary injunction order. The court held that if a party violates a status quo order, the appropriate remedy is to file an application under Order 39, Rule 2-A, CPC, and that the remedy of police assistance under Section 151 CPC is not permissible when such a remedy is already available. The court emphasized that the order granting police help for implementation of a status quo order is not permissible when the application under Order 39, Rule 2-A is pending, as the possession is in a fluid stage and not finally decided. Therefore, police assistance should not be granted when relief under Order 39, Rule 2-A is available.Checking relevance for S. N. J. Abdul Hakeem & Others VS Assisrathul Musthakeem Etheemkhana Trust & Others...
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1997 2 Supreme 395 : Police assistance can be ordered when relief is available under Order 39 Rule 2A in case of breach of temporary injunction order, provided the violation occurs before the court decides that it has no jurisdiction to entertain the suit. The interim injunction orders remain effective and enforceable until the court determines it lacks jurisdiction, and their violation during this period can be punished under Rule 2A, even after the jurisdictional decision is made, as long as the breach occurred prior to that decision.
