P NARAYANAPPA Vs. MUNIYAMMA

JUDGEMENT

(1.) Petitioner being the defendant in an injunctive suit in O.S.No.489/2017, is invoking the writ jurisdiction of this court for assailing the order dated 21.12.2018, a copy whereof is at Annexure - K whereby, the learned III Addl. Civil Judge (Jr. Dvn), Bengaluru Rural District, having favoured respondents/plaintiffs' application in I.A.No.6 filed u/s 151 of CPC, 1908, has directed police aid for enforcement of the order of temporary injunction.

(2.) Learned counsel for the petitioner submits that the challenge to the order of temporary injunction is pending before the Appellate Court in M.A.No.2/2018 and the impugned order of the kind could not have been made permitting indulgence of the police in civil proceedings; he also contends that if there is violation of the order of temporary injunction, the Code makes sufficient provision for punishing the disobeyer and therefore, invocation of police help is unjustified.

(3.) Having heard the learned counsel for the petitioner and having perused the Petition Papers, this Court declines to grant indulgence in the matter because: