P A ASHRAF Vs. A L MUJIBUR REHAMAN

JUDGEMENT

(1.) THE defendant in O. S. No. 426 of 2007 is the petitioner in this revision petition. The respondent/plaintiff has filed the said suit before the I Additional District Munsif court, Coimbatore, for permanent injunction against the petitioner herein. Pending suit, the respondent has filed i. A. No. 647 of 2007 in I. A. No. 447 of 2007 in O. S. No. 426 of 2007 to give police protection on the ground that even after the order of interim injunction granted in his favour in I. A. No. 447 of 2007 on 19. 02. 2007, the petitioner attempted to evict him. On consideration of the same, the court below allowed the said application on 08. 06. 2007 and the same is challenged in this civil revision petition.

(2.) HEARD the counsel for the petitioner and perused the records. The court below, after hearing the parties, while disposing of the said I. A. No. 647 of 2007 found prima facie that the respondent was in occupation of the petition mentioned property and that he approached it for interim injunction in I. A. No. 447 of 2007, which was granted by order dated 19. 02. 2007 in his favour; that even after the interim injunction was granted, the petitioner herein attempted to evict the respondent and hence, the respondent sought for police protection, which is absolutely necessary to meet the ends of justice, besides that the petitioner had not even opposed the injunction by filing counter; that the petitioner herein was not even ready to give an undertaking to the effect that he would not disobey the order passed by the court and ultimately granted police protection as prayed for by the respondent.

(3.) ADMITTEDLY, there is no express provision in the code for the purpose of implementation. It cannot be said that the exercise of inherent power under Section 151 of the cpc is devoid of jurisdiction. There is no express provision in the code prohibiting the exercise of such a power of the Court and the Court can give appropriate direction at the instance of the aggrieved parties to the police authorities to render its aid for enforcement of the order in a lawful manner. Followed (Rayapati Audemma vs. Pothineni Narasimham) AIR 1971 Andhra Pradesh 53 wherein in para-9, it was held thus:-