MD. ZAKARIA Vs. MD. IDRIS MALLICK AND ORS.

JUDGEMENT

(1.) The present challenge is at the behest of the first defendant in a suit for declaration, recovery of possession, permanent injunction, damages and ancillary reliefs.

(2.) The moot question canvassed by the petitioner is that, the trial court might have acted without jurisdiction in granting police help to implement an injunction order passed by the trial court, initially ex parte, but extended thereafter from time to time, on certain occasions in the presence of the petitioner. It is argued by learned counsel for the petitioner that it is settled by two judgments passed by a co-ordinate bench of this court that, to implement an interim order, section 151 of the Code of Civil Procedure cannot be resorted to as a matter of course, since the provision of Order 21, Rule 32, read with section 36 of the Code of Civil Procedure, are attracted in such a situation. The two judgments cited in this regard are as follows:

(3.) It was held in both the said judgements, that, in the event the inherent power of the court was exercised for implementing an interim order of injunction, certain yardsticks had to be applied. Such yardsticks are as follows: