A decree holder sought police protection to implement a permanent injunction decree by filing an application under Section 151 CPC after his execution petitions were dismissed. The High Court held the remedy lies in execution proceedings and dismissed the revision.
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C.R.P.(PD).No.4540 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2024
CORAM
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD).No.4540 of 2024
E.Raji
... Petitioner
..Vs..
3.Shankar
... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 17.11.2023 made in S.R.No.2501 of 2023 in O.S.No.18 of 2013 passed by the Principal District Munsif, Poonamallee, Tiruvallur District and allow the CRP.
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| For Petitioner | : Mr.D.Sathyanarayanan |
|---|---|
| For M/s.SB and Partners | |
| For R1 & R2 | : Mr.T.Arun Kumar |
| Additional Government Pleader |
ORDER
This Civil Revision Petitioner arises against the order passed by the
learned Principal District Munsif, Poonamallee in S.R.2501 of 2023 in O.S.No.18 of 2013 dated 17.11.2023.
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Execution Petition by way of revision before this Court. Instead, he
Mr.T.Arun Kumar for the respondents 1 and 2.
decree holder, in case, he feels that the decree has been violated, is to move an Execution Petition and seek for reliefs including police protection.
and it has been violated in addition to the Order XXXIX Rule 3(a) of the Code of Civil Procedure, a party can always invoke Section 151 of the Code of Civil Procedure and seek for police protection see K.G.Gopal and Others
vs. Lillybai by power of Attoreey Agent, A.C. Baktham (1991) 1 LW 559.
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However, the said remedy is not available, after the suit has been decreed. The cause of action on the basis of which, the plaint was presented, merges
with the decree and therefore, a Court cannot try the said proceedings all over again.
and Others in Crl.O.P(MD).No.11665 of 2020 dated 03.08.2021, to urge a point that the Court is always empowered to grant a relief of police protection, invoking Section 482 of the Code of Criminal Procedure. This 4/6
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Judgment, I am afraid, does not assist the petitioner. I am dealing with a petition filed under Section 151 of CPC on the Original Side of the learned Principal District Munsif at Poonamallee, after the suit had been decreed. The learned Principal District Munsif does not have the power under Section 482 of Cr.P.C, and therefore, the question of applying the Judgment in the aforesaid verdict to the facts of the present case does not arise. If the petitioner feels that he has a remedy under Section 482 of Cr.P.C, it is for him to work out his remedy independently.
25.11.2024
ssi Index : Yes/No Internet : Yes/No Neutral Citation Case: Yes/No
V.LAKSHMINARAYANAN, J.
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ssi
C.R.P.(PD).No.4540 of 2024
25.11.2024
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2 issues framed by the court
Can a decree holder seek police protection under Section 151 CPC on the Original Side after the suit is decreed?
Does a Section 482 Cr.P.C precedent apply to a Munsif court petition post-decree?
Colour shows how this judgement treated each authority
K.G.Gopal and Others vs. Lillybai by power of Attorney Agent, A.C. BakthamRelied on¶6
(1991) 1 LW 559
P.Packianatham vs. The Superintendent of Police, Alagarkovil, Madurai and OthersDistinguished¶8
Crl.O.P(MD).No.11665 of 2020 dated 03.08.2021
3 provisions across 2 enactments
E.Raji
The Deputy Commissioner of Police, Avadi
The Inspector of Police - L&O, T6, Avadi Police Station
Shankar
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
