Read Order: Randeep Kaushal and Others v. Manmeet Kaur

Monika Rahar

Chandigarh, March 7, 2022: While deciding a petition against the order of the Trial Court directing Police to ensure compliance of an interim order granting relief to the plaintiff claiming to be a co-sharer in a house, the Punjab and Haryana High Court has held that a Civil Court has inherent powers to get its order implemented. 

“In the facts of the case, the court has directed police help to ensure that a co-owner who lives on the second floor gets a supply of water which is essential”, the Bench of Justice Anil Kshetarpal held. 

The plaintiff filed a suit against the petitioners (original defendants) for the grant of decree of declaration that the plaintiff was a co-owner of the suit property (a house) on the basis of a sale deed dated April 12, 2021, and also for the grant of consequential relief of permanent injunction restraining the defendants from interfering in their possession. 

The plaintiff was a co-owner in residential property and in actual physical possession of the second floor of the said House. The plaintiff filed an application under Order 39 Rule 1 & 2 CPC before the Trial Court. While deciding the same, the Trial Court permitted the plaintiff to put a temporary water storage tank with a water booster/motor pump in the front of the courtyard to supply water on the second floor. However, the defendants did not permit the installation of the temporary water storage tank. 

As a result, the impugned order was passed by the Trial Court directing the police to ensure compliance with an interim order passed in July 2021.

The petitioners’ counsel argued that the Civil Court had no jurisdiction to order police help, as the plaintiff could have filed an application under Order 39 Rule 1 & 2 CPC. 

After considering this submission, the Court opined that it found no merit in it. In this backdrop, the Court stated that the Civil Court has inherent powers to get its order implemented. 

Keeping in view the aforesaid facts, no ground to interfere was made out and the petition was dismissed.

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