LawforAll

Showing posts with label Police Aid. Show all posts
Showing posts with label Police Aid. Show all posts
Thursday, February 7, 2013

Police Aid - There is no express provision in the code prohibiting the exercise of such a power and the Court can give appropriate directions at the instance of the aggrieved parties to the police authorities to render its aid for enforcement of the Court's order in a lawful manner. The exercise of such power is necessary for the ends of justice or to prevent abuse of the process and the civil Court has ample jurisdiction to pass such orders under Section 151 CPC. -whereas great caution is to be taken for granting ex parte ad-interim injunction equal measures are to be taken while granting police aid to enforce that order. Under the guise of an order of ad-interim injunction and also the corresponding police aid granted there may be a possibility of vacating from the property in the litigation a person who is in actual possession of the property as of right. Therefore, whenever such order of granting police aid is resisted it is advisable to hear both the parties to the litigation and dispose of the petition filed for interim injunction pending disposal of the main proceedings itself. Further some times question of identity of the property in dispute arises. Thereby unless there is clear identity of the property in dispute mere granting of Police aid would not be suffice. In such case, an Advocate Commissioner is to be appointed necessarily to localize the property and only subject to the localization of the properties, necessary Police aid can be granted or both the Police aid and localization of the property can be granted simultaneously to do what is needed. 30. In the result, subject to the observations made, the Civil Revision Petition is dismissed. Miscellaneous petitions pending, if any, shall stand closed. No costs.

published in http://judis.nic.in/judis_andhra/qrydisp.aspx?filename=9602 THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY           C....