The Himachal Pradesh High Court has held that a civil court can direct police assistance to ensure compliance with an injunction order when circumstances require effective enforcement. Justice Romesh Verma passed the ruling while dealing with a property dispute involving a senior citizen and his son and daughter-in-law.
Background
Prem Lal had filed a civil suit seeking protection against interference with his house and land at Village Bhagwani in Bilaspur district. The trial court initially granted an ad-interim injunction and, on March 5, 2026, restrained the respondents from interfering with the house premises or carrying out construction on the disputed property.
According to Prem Lal, despite the injunction, interference continued. He therefore moved an application under Section 151 of the Code of Civil Procedure seeking police assistance for implementation of the court's order. The trial court dismissed that application on June 25, 2026, following which Prem Lal approached the High Court under Article 227 of the Constitution.
The respondents were served but did not appear before the High Court and were proceeded against ex parte.
Justice Romesh Verma noted that the injunction order dated March 5, 2026 had not been challenged before the competent court and had therefore attained finality. The Court emphasised that a party cannot simply disregard an operative court order.
The High Court also rejected the view that the availability of a remedy under Order 39 Rule 2A of the CPC prevented the petitioner from seeking police assistance under the court's inherent powers.
The Court observed,
"Once the injunction order stands passed by the court, then the same cannot remain on papers and cannot be permitted to be violated to the detriment of the rights of the petitioner."
The judgment relied upon earlier decisions recognising that Section 151 CPC gives civil courts sufficient inherent power to issue directions to the police where such assistance is necessary for implementing a court order.
The High Court found that the circumstances justified police assistance, particularly considering the petitioner's age and his grievance regarding continued interference with the property despite the injunction.
Accordingly, the Court allowed the petition and quashed the trial court's June 25, 2026 order. The Station House Officer of Police Station Bharari, Bilaspur, was directed to enforce and implement the injunction order dated March 5, 2026 in its letter and spirit.
Pending applications, if any, were also disposed of.
Case Details:
- Case Title: Prem Lal v. Sapna & Anr.
- Case Number: CMPMO No. 474 of 2026
- Judge: Justice Romesh Verma
- Decision Date: September 30, 2026
