JAGANNATHIYA Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition reveals a very sorry state of affair, wherein the learned civil court and the revisional court expressed their inability to enforce the order passed by them, leaving the hapless litigant on the mercy of the so called police administration.

(2.) The present petitioner filed a Suit No. 477 of 2003 along with an application for injunction, under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure (hereinafter called C.P.C.). The said application was rejected by the trial court vide order dated 15.7.2003. Being aggrieved. Revision No. 12 of 2003 was preferred and the revisional court granted the injunction vide order dated 18.11.2004, to the effect that the respondents were restrained from interfering with the peaceful possession and occupation of the petitioner in respect of the premises in dispute. The order passed by the revisional court was not complied with. Therefore, petitioner filed an application under Order XXXIX, Rule 2A, C.P.C. before the trial court, which stood rejected vide order dated 2nd July, 2005, observing that once the order is passed by the civil court, it is for the police administration to ensure its compliance. Therefore, the party may approach the police authorities. Unfortunately, revision preferred against the said order also stood dismissed vide order dated 28.7.2005, and Writ No. 319 of 2006 under Article 227 of the Constitution also stood dismissed as withdrawn vide order dated 4.1.2006, with liberty to the petitioner to approach the appropriate forum. Hence this petition.

(3.) Learned Counsel for the petitioner has submitted that in spite of the interim injunction in her favour, the respondents are harassing and interfering with her peaceful possession, with all impunity, and the courts below have expressed their inability observing that it is the duty of the police administration to enforce the orders passed by the Courts.