M S MAHADEVAPRASAD Vs. MAHADEVAIAH

JUDGEMENT

(1.) THIS revision petition is against an order refusing to render police help for enforcement of the order passed by the Court earlier. The reason given by the Trial Court is unacceptable and it is settled principle of law that police help is a must. In fact the Trial Court itself has referred to the following dictum in Narasimhappa v Hanumanthappa, which is as follows:

(2.) THE Trial Court held that there is a provision under Order 39, Rule 2-A for proceeding against the defendant for violation of the orders. But that is not sufficient to protect the possession, which he seeks to safeguard under the order of injunction granted in his favour by the Court.

(3.) IN this view, setting aside the order of the Trial Court, the revision is allowed and the I. A. filed for police help is allowed. No costs.