KARISIDDAMMA Vs. SANNA KENCHAMMA

JUDGEMENT

(1.) The petitioners have raised the challenge to the order, dated 12-12-2008 passed by the Court of the Civil Judge (Jr.Dn.) at Honnali on I.A. No. IV in O.S. No. 182/2007 (Annexure B).

(2.) The facts of the case in brief are that the respondent filed the suit against the respondents seeking the relief of permanent injunction. In the said suit proceedings, she also made I.A. No. I for the grant of temporary injunction. The Trial Court, by its order, dated 15-4-2008 granted the temporary injunction after hearing both the sides. The respondent filed I.A. No. IV ventilating her grievance before the Trial Court that the petitioners are unnecessarily obstructing her in the use of the road. It was the further grievance of the respondent that she approached the police seeking their protection but in vain. She, therefore, had to file the said I.A. seeking a direction to the Police Sub-Inspector (P.S.I. for short), Honnali to give police protection to the respondent for enjoying the suit schedule property. The Trial Court, by its order, dated 12-12-2008 allowed I.A. No. IV by directing the P.S.I., Honnali to give necessary police protection to the respondent, her family members and her coolies to make use of the road mentioned in the plaint schedule. Aggrieved by the said order, this petition is presented.

(3.) Sri S. V. Prakash, the learned counsel for the petitioners submits that in case of violation or breach of the temporary injunction order, the one and the only course open to the aggrieved party is to make the necessary application under Order 39, Rule 2-A, Code of Civil Procedure, 1908 (C.P.C. for short). The police protection can neither be sought nor be given to obey the temporary injunction order. In support of his submissions, the learned counsel has relied upon the judgment of this Court in the case of Manchegowda & another v. M. Madaiah, reported in 1987 (1) KLJ 119, wherein it is held that the Court cannot give direction to the police to implement the order of temporary injunction in view of the specific provisions contained in Order 39, Rule 2-A of C.P.C. The learned counsel has also relied upon the unreported order dated 21-9-2001 passed by the Division Bench of this Court in the case of Hanamawwa v. B. Allabaksh & others in Contempt of Court Case No. 1936/99 (Civil). The relevant portion of the said unreported order is extracted hereinbelow.