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Judgment
R. Regupathi, J.—This is a petition seeking for a direction to give police protection and take further action on the strength of the compliant filed by the petitioner dated 12.07.2006.
The learned Public Prosecutor (Pondicherry) submits that as the matter is purely of civil nature, the enquiry has been closed. At this stage, the learned counsel for the petitioner submits that already a civil suit in O.S.No.828 of 2006 is pending on the file of II Additional District Judge, Pondicherry, wherein I.A.No.2975 of 2006 has been filed seeking for police protection. It is further submitted that earlier an order of interim injunction has been granted against the counter party/the defendant in the said suit and it was made absolute. However, I.A.No.2975 of 2006 seeking for police protection is still pending consideration by the learned Civil Judge.
In a similar situation, a Division Bench of this Court in Sri-la-Sri Sivasubramanyananda Swami vs. Sri-la-Sri Arunachalasamy, Chidambaram and another, reported in 1992 T.N.L.J. 120, held as follows:
...As observed by the Full Bench of this Court in (1975 2 MLJ 54) when there is a violation of an order of injunction granted by the Civil Court, or when something has been done in disobedience of such an order of injunction, it is the duty of the court as a matter of judicial policy to undo the wrong done in disobedience of the Court''s order and the power to enforce the order of injunction by ordering police aid is available u/s 151 of the Code.
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In the light of the above discussion of ours, the question referred is answered as follows:-
In appropriate cases, the Civil Court has the power and is indeed under a duty, to issue suitable directions to police officials, as servants of law, to extend their aid and assistance in the execution of decrees and orders of the Civil Courts or in implementing an order of injunction passed by it.
In a given situation, the Civil Court may have to pass appropriate order to give effect to the orders already passed and I am of the considered opinion, that in view of the reason that all the materials are available before the Civil Court, the Civil Court will be the appropriate forum to issue such direction. Accordingly, this petition is ordered. The II Additional District Judge, Pondicherry, is directed to dispose of the said I.A.No.2975 of 2006 within three weeks from today, after giving an opportunity to the other side.