Civil Procedure Code, 1908 — Section 151 — Police aid — Enforcement of ad interim injunction
Held, where an ad interim injunction is in force and the plaintiff seeks police aid for its enforcement, the Civil Court is competent, in appropriate cases, to invoke its inherent powers under Section 151 CPC to direct police authorities to render aid for due and proper implementation of the injunction order.
(Para 3)
Civil Procedure Code, 1908 — Inherent powers — Implementation of injunction orders
Held, though the Code provides for grant of injunction and punishment for disobedience, there is no specific provision dealing with implementation of injunction orders; in such circumstances, Section 151 CPC can be invoked to render complete justice and undo the wrong caused by disobedience of court orders.
(Para 3)
Civil Revision — Article 227 of the Constitution — Non-disposal of interlocutory application — Urgency
Held, where an application seeking police aid for enforcement of injunction is pending before the trial Court and the relief is time-sensitive, the High Court, in exercise of supervisory jurisdiction under Article 227, may direct the trial Court to expeditiously dispose of the application within a fixed time.
(Paras 2, 4–5)
Interlocutory Applications — Ad interim injunction — Agricultural crop — Time-bound relief
Held, when delay in deciding an application may render the relief ineffective, particularly where agricultural crops are ripe for harvesting, the trial Court is required to decide the application without further delay.
(Paras 2, 4–5)
II. ANALYSIS OF FACTS
The revision petitioner is the plaintiff in O.S.No.117 of 2025 on the file of the Additional Civil Judge (Senior Division), Anantapuramu.
An ad interim injunction was granted in favour of the petitioner on 13.08.2025.
Alleging obstruction in harvesting the red gram crop despite the injunction, the petitioner filed I.A.No.438 of 2025 in I.A.No.241 of 2025 seeking police aid for enforcement of the injunction.
The grievance before the High Court was that no order was passed on the said application and the matter was adjourned to 23.01.2026, by which time the relief would become ineffective as the crop was ripe for harvesting.
Aggrieved by inaction of the trial Court, the petitioner approached the High Court of Andhra Pradesh by filing the present Civil Revision Petition under Article 227 of the Constitution of India.
III. ANALYSIS OF LAW
The learned Judge took note of the legal position laid down by the Madras High Court in S. Kalimuthu v. S. Arumugam, which in turn relied upon Division Bench authority recognising the power of civil courts to grant police aid under Section 151 CPC.
The judgment extracted in extenso explains:
the three stages of injunction proceedings, namely grant, implementation, and punishment for disobedience;
absence of a specific provision in the Code for implementation of injunction orders; and
availability of inherent powers under Section 151 CPC to ensure enforcement.
The Court, however, refrained from granting police aid directly, observing that:
the interlocutory application was still pending before the trial Court;
the trial Court has the advantage of hearing both parties; and
a decision on merits was yet to be taken.
Considering the urgency pleaded and the fact that delay would defeat the relief, the Court exercised supervisory jurisdiction to ensure expeditious disposal by the trial Court.
IV. RATIO DECIDENDI
Civil Courts have inherent power under Section 151 CPC to direct police aid for enforcement of injunction orders where no specific procedural provision exists for implementation.
When an application seeking police aid for enforcement of an ad interim injunction is pending and the relief is time-sensitive, the High Court, under Article 227 of the Constitution, can direct the trial Court to decide the application expeditiously.
Delay in deciding such interlocutory applications, where agricultural crops are ripe for harvesting, may render the relief ineffective and must be avoided.
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