vinay (project leader) 11 February 2012

Police directions for maintaining injunction order

plaintiff(65 yrs) filed suit for permanent injunction and won the decree for a suit plot. Petition for directions to police in the said suit to help the plaintiff for carrying out construction and implement injunction was dismissed for want of evidence to prove that defendants are interfering in the construction .The defendant continues to interfere .Police under the influence of local leaders are not interfering and asked to get court orders for police help. Please suggest remedies. Thanks in advance

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 February 2012

Dear Vinay,

File another application u/o 21 Rule 97 - r/w 151 CPC - seeking the court's indulgence, the earlier decision does not bind and the court in view of changed circumstances give you police aid - put the circumstances before the court candidly - also the political influences - and i am sure the court would pass a favourable order if argued correctly.

Feel free to seek any clarifications.

Best of Luck !

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM)

vinay (project leader) 12 February 2012

Thanks for the reply.

But my advocate is insisting for photographs to be taken at the time the defendants enter into our plot.But the defendants are sending some henchmen and is not coming personally. when we tried to take photos once they snatched the camera.Neighbours not cooperative in allowing us to take photos from their premises without the knowledge of henchmen.

Even submitting of FIR copy in the dismissed petition has not satisfied the court and sadly my advocate has repeated the facts mentioned in the chief affidavit . The defendants claimed that they are not interfering and the contents of fir are false.Police have not taken any action .i tried with RTI asking for the progress of the case.their standard answer is the case is under investigation and any reply would impede the process of investigation(Fir was filed 18 months ago. decree was passed in Jan-2012).

Also i want to know if police really need court directions to take action(legally speaking).It would be of help when speaking to higher officials of Police.

i understand that i have to approach police for filing complaints afresh before approaching court as mentioned by you.

One more thing, the defendants nor their lawyer have attended trial after the injunction was made absolute and the police petition was dismissed.The decree was passed in their absence after giving four chances after the chief affidavit was served to him ( by post) and his lawyer.Will this give them a chance to reopen the case?