As per case facts, petitioners sought a permanent injunction for a passage. The trial court initially dismissed their injunction application, but the Appellate Court granted a positive injunction, which was ...
CR-2922-2025(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CR-2922-2025(O&M)
Date of decision : 09.12.2025
Umed Singh and others
... Petitioners
Versus
Pardeep Kumar
... Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Shailendra Jain, Senior Advocate with
Mr.Munish Kumar, Advocate
for the petitioners.
Dr.Anmol Rattan Sidhu, Senior Advocate with
Mr.Punyaveer, Advocate
for the respondent.
VIKAS BAHL, J.(ORAL)
1. This is a Civil Revision Petition filed under Article 227 of the
Constitution of India for setting aside the impugned order dated 04.04.2025
(Annexure P-12) passed by the Additional Civil Judge (Sr.Div.), Hisar, vide
which the application filed by the petitioners for providing police help for
removing pillars from the passage in question and for complying with the
injunction order dated 31.05.2023, has been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONERS
2. Learned senior counsel for the petitioners has submitted that in
the present case, the petitioners have filed a suit for permanent injunction
CR-2922-2025(O&M) 2
restraining the respondent (defendant) from demolishing, blocking,
encroaching, making any hindrance in the passage of 2 karam which is
existing on the southern doll of khasra no.6/21, 22, 23, 24/1, 24/2, 25 and
northern doll of sanctioned drain comprised in khewat no.8 and 2 as per
jamabandi for the year 2021-22 situated at village Hindwan Tehsil and
District, Hisar which is running at the spot since 07.03.1961. It is submitted
that along with the said suit, an application under Order 39 Rules 1 and 2
CPC was filed by the petitioners which was dismissed by the trial Court
vide order dated 12.05.2023 and that against the order dated 12.05.2023, the
petitioners had filed an appeal and the said appeal was allowed by the Ist
Appellate Court vide order dated 31.05.2023 and a positive injunction was
granted in favour of the petitioners. It is argued that against the said order, a
revision petition i.e., CR-5715-2023 was filed by the respondent herein and
the said revision petition was dismissed by the Co-ordinate Bench of this
Court vide order dated 06.05.2024.
3. It is submitted that in spite of the fact that the petitioners have a
positive injunction in their favour, the respondent has violated the same and
erected pillars and also left water in the passage in question and damaged
the same on the night of 09/10.06.2023 and thus, the petitioners were forced
to file an application for providing police help for removing the pillars from
the passage in question. It is further fairly submitted that the petitioners had
also filed an application under Order 39 Rule 2-A CPC which is still
pending for adjudication. It is argued that instead of allowing the
CR-2922-2025(O&M) 3
application and enforcing the injunction in favour of the petitioners, the trial
Court vide order dated 04.04.2025 had dismissed the application filed by
the petitioners for providing police help. It is submitted that the said order is
against settled law. In support of his arguments, learned senior counsel for
the petitioners has relied upon the judgment of the Co-ordinate Bench of
this Court passed in the case of Ishwar and others vs. Asha Ram and
others reported as 2015(3) PLR 578 and in the case of Ashish Munjal vs.
Ashok Kumar and another reported as 2020(4) RCR (Civil) 544. It is
prayed that the impugned order be set aside and the application be allowed.
ARGUMENTS ON BEHALF OF THE RESPONDENT
4. Learned senior counsel for the respondent, on the other hand,
has opposed the present petition and has submitted that the impugned order
dated 04.04.2025 which has been passed by the trial Court dismissing the
application filed by the petitioners for providing police help has been rightly
passed and deserves to be upheld. It is submitted that the petitioners have
already filed a contempt petition under Order 39 Rule 2-A CPC and thus
allowing the present application for providing police help would be pre
judging the said application under Order 39 Rule 2-A CPC and would
prejudice the rights of the respondent. It is submitted that it is only after
evidence is led in the said application under Order 39 Rule 2-A CPC that it
can be affirmatively confirmed as to whether the present respondent caused
any breach of the injunction order or not and allowing the application for
providing police help under Section 151 CPC would amount to pre-judging
CR-2922-2025(O&M) 4
the matter. It is submitted that the application for providing police help was
misconceived and deserves to be dismissed and has been rightly dismissed
vide the impugned order dated 04.04.2025.
ANALYSIS AND FINDINGS
5. This Court has heard learned senior counsel for the parties and
has perused the paper book and is of the opinion that the present revision
petition filed by the petitioners is meritorious and deserves to be allowed
and the impugned order dated 04.04.2025 passed by the trial Court is illegal
and deserves to be set aside for the reasons detailed hereinafter.
6. It is not in dispute that the petitioners had filed a suit for
permanent injunction with the following prayers:-
“It is, therefore, prayed that the suit of the Plaintiffs may
kindly be decreed with costs and a decree for permanent
injunction (mandatory and prohibitory) to the effect that the
defendant be restrained from demolishing, blocking,
encroaching, making any hindrance in the free passage of 2
Karam which is existing on the southern doll of Khasra
No.6/21, 22, 23, 24/1, 24/2, 25 and northern doll of sanctioned
drain comprised in Khewat No.8 and 2 as per Jamabandi for
the year 2021-2022 situated at village Hindwan Tehsil and
District Hisar which is fully shown in the attached rough site
plan with red colour which is being running at the spot since
07.03.1961 and the plaintiffs have acquired the easementary
rights and if the defendant succeed in removing or blocking the
passage in question during the pendency of present suit then
the defendant be directed to restore the passage in question
and further the defendant be also restrained from alienating
CR-2922-2025(O&M) 5
the passage in question, be passed in favour of the Plaintiffs
and against the defendant. Any other relief for which the
Plaintiffs is found entitled be also granted to him.”
7. Vide order dated 26.04.2023, the trial Court had appointed a
Local Commissioner to visit the suit land / spot and to give a report
regarding existence of the rasta/ passage or water course at the spot. The
Local Commissioner has submitted his report dated 08.05.2023 in which it
was stated that there was an existing passage and the details of the said
passage had also been mentioned. A perusal of the report dated 08.05.2023
(Annexure P-5) would show that notice was issued to both the parties and
both the parties were present and the said parties also identified / confirmed
the suit land at the spot. The relevant portion of the said Local
Commissioner’s report is reproduced hereinbelow:-
“That on 01.05.2023 the undersigned reached at the
spot at 4:30 PM, where the Halqa Patwari namely Naresh
Kumar was found preset alongwith both the parties and many
other persons. The undersigned prepared a attendance sheet
and obtained their signature on attendance sheet, the same is
attached herewith and Halqa Patwari identified the suit land
i.e. Khasra no. 6//21,22,23,24/1,24/2,25 and confirm by both
parties after that the undersigned prepared a rough site plan
of suit land/spot in which the Rasta/Passage and Water
Course existed and also taken a nakal/copy of Aksh-Shizra as
per revenue record prepared by Halqa Patwari of the above
said Khasra no. After that the undersigned prepared a rough
report and clicked some photographs of suit land/spot and
same are attached herewith.
CR-2922-2025(O&M) 6
After inspecting the spot the undersigned prepared a
final report as following :-
The undersigned inspected the spot and found that
there is a existing Passage/Rasta adjacent to the field of
Khasra No. 6//21,22,23,24/1,24/2,25 and 5//21 and the
southern side of Passage there is a Water Course/Khal. The
said Passage about 2 Karam (11 feet) vide and 6" to 12"
above the level of adjacent field Khasra no.
6//21,22,23,24/1,24/2,25 and 5//21.
It is therefore prayed that the rough site plan,
photographs prepared by undersigned and copy of Akash-
Shizra prepared by the Halqa Patwari also may kindly be
read as a part of this report and also be submitted the report.
Thanks
Sachin Siwach, Advocate
(Appointed as Local commissioner)
Enclosed herewith:-
i. Attendance Sheet
ii. Rough Site Plan
iii. Photographs
iv. Nakal/Copy of Aksh-Shizra”
The rough site plan, photographs and a copy of Aksh-Shizra
prepared by the Halqa Patwari were also annexed along with the Local
Commissioner’s report and the same has also been annexed along with the
present petition. A perusal of the rough site plan as prepared by the Local
Commissioner, which has been annexed at page 38 of the paper book,
would show that there is a passage in the suit land along with water course /
khal. The existence of the passage is also apparent from the photographs
CR-2922-2025(O&M) 7
which have been taken by the Local Commissioner.
8. Along with the suit filed by the petitioners, an application
under Order 39 Rules 1 and 2 CPC had also been filed and after the written
statement was filed by the respondent, the trial Court dismissed the said
application under Order 39 Rules 1 and 2 CPC vide order dated 12.05.2023.
It is not in dispute that against the said order, an appeal was filed before the
Ist Appellate Court and the Ist Appellate Court vide order dated 31.05.2023
allowed the said appeal and gave a positive injunction in favour of the
petitioners. The relevant portion of the order dated 31.05.2023 is
reproduced hereinbelow:-
“15. In view of above discussion there is no doubt that the
plaintiffs have prima-facie case in their favour. Further, as
per case of the plaintiffs, if their application for temporary
injunction is not allowed they shall not be able to access their
land and cultivate the same. As observed above, it is not
shown by the defendants that the plaintiffs have any other
passage to access their land. Thus, if the present application
is not allowed, the plaintiffs shall suffer an irreparable loss
whereas no such loss is being suffered by the defendant.
Heavens will not fall if the plaintiffs are permitted to use the
said passage till the suit is finally adjudicated. As such,
balance of convenience also lie in favour of the plaintiffs.
16. Having regard to the aforesaid, the present civil
miscellaneous appeal is allowed and the impugned order dated
12.05.2023 is set aside. During the pendency of the suit, the
defendant is hereby restrained from demolishing, blocking,
encroaching and making any hinderance in the rasta as
mentioned in the plaint and as is also depicted in the rough
CR-2922-2025(O&M) 8
site plan prepared by Local Commissioner. Memo of cost be
prepared. Trial court file with a copy of judgment be sent back
to the court concerned. Appeal file be consigned to the record
room after due compliance.”
9. The respondent filed civil revision i.e., CR-5715-2023
challenging the order dated 31.05.2023 which was dismissed by the Co-
ordinate Bench of this Court vide order dated 06.05.2024 and the said order
has been annexed as Annexure P-9 along with the present revision petition.
In paragraph 15, the Co-ordinate Bench of this court had rejected the
arguments raised on behalf of the respondent that the petitioner (plaintiff)
had created such rasta by ploughing tractor constantly. It was observed that
the petitioners had prima-facie case in their favour and the passage in
question is the only passage for ingress/outgress for the land of the
petitioners and thus, balance of convenience was in their favour and the
petitioners would also suffer irreparable loss if they were not allowed to
access their land by using the passage in dispute. Paragaph 15 of the said
order passed by the Co-ordinate Bench of this Court is reproduced
hereinbelow:-
“15. It has also been rightly observed that this contention of
the defendant that the plaintiffs have created such Rasta by
ploughing tractor constantly, cannot be appreciated at this
stage without the cogent evidence, which is yet to be adduced
and the same is a matter of trial. When as per report of the
Local Commissioner, the said passage is about 2 Karam (11
feet) wide, 6” to 12” above the level of adjacent fields, so
CR-2922-2025(O&M) 9
prima facie, it does not appear that the said passage could
have been created by ploughing tractor constantly. The
plaintiffs are claiming the passage on the basis of oral family
settlement as well as on the basis of easementary rights which
will be decided during the trial. But at this stage, a prima
facie case is made out in favour of the plaintiffs. As it is the
only passage for ingress/outgress for the land of the
plaintiffs, so the balance of convenience also lies in favour of
the plaintiffs and plaintiffs shall suffer an irreparable loss if
they are not allowed to have access to their land by using the
passage in dispute.”
10. An application for providing police help was filed by the
petitioners for removing the pillars from the passage in question and also to
remove any hindrance which was created by the respondent in the free
passage of question and a further prayer was made in the application for
compliance of the injunction order dated 31.05.2023 in letters and spirit. A
perusal of the said application dated 08.08.2023 (Annexure P-10) would
show that it was the specific case of the petitioners that the respondent who
was well aware of the injunction order, had on the night of 09/10.06.2023,
illegally and malafidely, left the water on the passage in question and
damaged the same with the sole intention to make hindrance in the passage
in question. Paragraph 2 of the said application, which is relevant for
consideration, is reproduced hereinbelow:-
“2. That the respondent is clever, cunning and having scant
respect for the law of the land and he was well aware about
the passing of the order but in the night of 9-10 June, 2023
CR-2922-2025(O&M) 10
the respondent illegally and malafidely left the water in the
passage in question and damaged the same with the sole
intention to make hindrance in the passage in question, so
that the petitioners could not pass his tractor, agriculture
equipment from the passage in question. The petitioners
requested the respondent not to take the law in his hands and
not to leave the water in the passage in question as the court
has already granted injunction order in favour of the
petitioner but the respondent stated that he has no care for
the orders of the Hon'ble courts.”
11. Additionally it was averred in the application dated 08.08.2023
that the petitioners had moved an application to the SHO, Police Station
Sadar Hisar and also to the SSP, Hisar but the injunction order has not been
complied with till date. Along with the said application, the petitioners had
annexed the photographs of the pillars which have been erected by the
respondent after the injunction order and also of the paddy crop which was
sown by the respondent in the passage in question, to cause obstruction.
The said application was opposed by the respondent. The learned trial Court
vide impugned order dated 04.04.2025 had rejected the said application
primarily on the ground that the petitioner had also filed an application
under Order 39 Rule 2-A CPC which required the evidence to be led in
order to come to a conclusion as to whether there was disobedience of the
injunction order and that allowing the said application for police help would
amount to prematurely deciding the application under Order 39 Rule 2-A
CPC. The said order is against law and deserves to be set aside.
CR-2922-2025(O&M) 11
12. A Coordinate Bench of this Court in the case of Ishwar and
others (Supra) had observed that there was a distinction between punitive
action to be taken resulting from breach of an order passed by the Court and
enforcement of the said order and that every person was duty bound and
under obligation to comply with the order passed by the Court and no one
could be permitted to take law in his own hands and the Court has inherent
powers to come to rescue of a person who, in spite of an order of injunction
in his favour, was being threatened so as to violate the said order and that
the Court had inherent power to grant police help to prevent violation of the
interim injunction or to enforce an injunction order. It was observed that the
Court is not to wait till the time injunction is actually violated and the
application under Order 39 Rule 2A CPC is finally decided, as sanctity of
the orders of the Court has to be maintained. Relevant portion of the said
judgment is reproduced hereinbelow:-
“4. ……….
The application seeking police help to protect the
possession was filed by the petitioners as their possession was
sought to be interfered with. The same was declined by the
learned court below by passing a ryptic order. This court had
opined that where found appropriate, police help should be
granted to enforce an injunction order. It had further been
opined that it would be a total misconstruction of the
provisions of the Code of Civil Procedure to hold that in case
an injunction order has been passed in favour of a party, he
should wait till such time the same is flouted and then adopt
the procedure provided under Order 39 Rule 2A CPC. There
is a distinction between punitive action resulting from breach
CR-2922-2025(O&M) 12
of an order passed by the court and enforcement of the order.
Every person is duty-bound and under obligation to comply
with and/or ensure compliance of the order passed by the
court, unless varied or set aside. No one can be permitted to
take law in his own hands and violate the orders passed. The
courts having inherent powers should come to the rescue of a
person, who in spite of an order of injunction is being
threatened with forcible dispossession in violation of the
order. The court under its inherent power can very well grant
police help to prevent violation of the interim injunction.
5. In the case in hand, the stand of the petitioners is that
despite interim injunction granted by the trial court restraining
the respondents defendants from interfering into their
cultivating possession of the suit land, which was upheld by the
learned lower appellate court, their possession was being
interfered with by the respondents. The stand of the
respondents is that in fact, the land is shamlat. There are 786
co-sharers. They are not interfering in the possession of the
petitioners. Be that as it may, the grievance of the petitioners
is that their possession, which has been directed to be
protected by the courts below, vide interim injunction order
passed in their favour, is sought to be disturbed. The court is
not to wait till such time the injunction is violated and the
party in whose favour the order has been passed is pushed to
the wall only letting him to file application under Order 39,
Rule 2A CPC seeking punishment for violation of the
injunction order. Sanctity of the orders of the court has to be
maintained. They are meant to be complied with in true letter
and spirit. Any one aggrieved can avail of appropriate remedy
against the order. Once it is final, none can be allowed to
question the same by taking law into his own hands.
CR-2922-2025(O&M) 13
6. For the reasons mentioned above, the present petition is
allowed. The impugned order passed by the court below is set
aside. The application filed by the petitioners seeking police
help to protect their possession on the suit property is allowed.
Petition allowed.”
13. Similarly, another Coordinate Bench of this Court in the case of
Ashish Munjal (Supra) had observed that merely because an aggrieved
party has right to file an FIR or has a locus to file an application
complaining violation of the interim order under Order 39 Rule 2A CPC,
the aggrieved party would not be debarred from filing an application for
grant of police help. It was further observed that the jurisdiction under
Order 39 Rule 2A CPC is for punishment and the same cannot debar the
Court which granted injunction to pass appropriate orders in the facts of the
case. The relevant portion of the said judgment is reproduced hereinbelow:-
“8. This Court has heard learned counsel for the parties and
with their able assistance, gone through the documents filed. A
Civil Court has the jurisdiction to get its interim orders
implemented. Merely because aggrieved party has filed an
FIR or has a locus to file application complaining violation
of interim order, does not debar the aggrieved party to file an
application for grant of police help.
9. Hence, the learned Trial Court erred in dismissing the
application on the ground that defendant-petitioner has filed
FIR and has a remedy complaining violation under Order 39
Rule 2-A CPC. The aforesaid jurisdiction is for punishment,
however, it does not debar the Court which granted
injunction to pass appropriate orders in the facts of the case.”
CR-2922-2025(O&M) 14
14. The law laid down in the abovesaid judgments would apply on
all fours, in the present case. It is a matter of settled law that once positive
injunction has been granted by the Court, then, it is the duty of the Court to
enforce the same. A perusal of the averments made in the application for
police help along with photographs annexed with the said application, seen
in the light of the positive injunction granted in favour of the petitioners and
also the report of the Local Commissioner would show that the petitioners
are in need for grant of police help so as to use the passage, which has been
prima facie opined in the proceedings under Order 39 Rules 1 and 2 CPC to
be the only ingress towards the land of the petitioners and to enforce the
injunction in favour of the petitioners. The respondent or any other person
cannot be permitted to make the Court orders ineffective only on account of
the pendency of the proceedings under Order 39 Rule 2A CPC, which may
take a long time before being finally adjudicated, as the same would require
leading of evidence. Moreover, in the proceedings under Order 39 Rule 2A
CPC, the issue that would primarily arise is as to “whether the
respondents/defendants are to be punished for violation of the interim
order?”, whereas issue in the application for seeking police help is to seek
implementation of the injunction order passed. Thus, the reasons given in
the impugned order and the arguments raised on behalf of the respondent in
support of said order are misconceived.
15. Keeping in view the above said facts and circumstances, the
present revision petition is allowed and the impugned order dated
CR-2922-2025(O&M) 15
04.04.2025 is set aside and the application dated 08.08.2023 (Annexure P-
10) filed by the petitioners for police help is allowed and the SHO, Police
Station Sadar Hisar is directed to provide necessary police help to
implement the order dated 31.05.2023 which has been upheld by the Co-
ordinate Bench of this Court vide order dated 06.05.2024, in accordance
with law.
(VIKAS BAHL)
JUDGE
December 09, 2025.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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