Sunday, 11 March 2012


WHEN INTERIM ORDER VIOLATED:-

Meera Chauhan v. Harsh Bishnoi and another 2007 (1) RCR (Civil) 597. , 2006(10  )Suppl.SCR965 , , 2006(13  )SCALE 581 , 2007(1 ) JT458  It is observed that:  “At the same time, it is also well settled that when parties violate order of injunction or stay order or act in violation of the said order the Court can, by exercising its inherent power, put back the parties in the same position as they stood prior to issuance of the injunction order or give appropriate direction to the police authority to render aid to the aggrieved parties for the due and proper implementation of the orders passed in the suit and also order police protection for implementation of such order. It is also well settled that when in the event of utter violation of the injunction order, the party forcibly dispossesses the other, the Court can order restoration of possession to the party wronged. Keeping the aforesaid principles in mind for exercising of power under Section 151 of Code of Civil Procedure, we proceed to consider the facts and circumstances of the case and decide whether the High Court as well as the trial court was justified in the facts and circumstances of the case to direct restoration of possession.”

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