NARABAI J PATIL Vs. NARAYAN D PATIL

JUDGEMENT

(1.) BY an order dated 16-9-2003 this Court has issued notice for final disposal of this writ petition. An Affidavit of service has been filed by the Petitioners when records that the Respondents have been served with notice of this Petition.

(2.) BY this petition, an exception is taken to the order dated 18-8-2003 passed by the learned Civil Judge Junior Division, Kalyan below application Exh-43. By the said application. Petitioners prayed for direction that police aid should be made available for implementation of the order of temporary injunction passed by the trial Court in the said suit. The learned trial Judge rejected the said application on two grounds. The learned trial Judge held that Application at exh. 28 containing similar prayer has been rejected. The learned Judge also was of the opinion that there was no provision for allowing police and for execution of interim order.

(3.) I have heard both the learned Counsel at length. Mr. Angal for the petitioners submitted that Petitioners had made application at Exh. 28 praying for direction to grant police aid for implementation of the order of temporary injunction. While rejecting the said application by order dated 4-5-2002, the learned Judge observed that it was for the Petitioners to independently move the police and take necessary aid. The learned counsel pointed out that though the learned judge observed that there was no provision in C. P. C. to grant such police aid, he also observe that the police aid can be granted in exceptions cases. In view of the observations made in the said order, the Petitioner applied to the Respondent No. 4 vide his application dated 4-4-2003 for grant of police aid. In the subsequent application at exh. 43, the Petitioners pointed out that no action was taken by the police against Respondent Nos. 1 to 3 though it was brought to the notice of the Police Authorities that respondent Nos. 1 to 3 have committed breach of order of injunction. In the said application at Exh. 43, the Petitioners recorded their apprehension that without police aid, Petitioners will not be in position to protect their possession while carrying out repairs to the suit chawl. The learned Counsel relied upon the Judgment of this Court reported in AIR 1995 Bombay 61, Smt. Ratnabai Narayanrao Naik v. Satwarao narayanrao Naik. The learned Counsel pointed out that this Court has taken a view that Civil Court has power to grant police help for implementation or execution of decree or the order passed by the Court.