Excelsior Correspondent
JAMMU, June 13: High Court today held that civil court has all the powers to enforce implementation of its orders and punish the guilty for disobedience.
The grievance of the petitioners before court of Justice Janak Raj Kotwal was that the interim order of status quo with regard to the property, subject matter of suit, was passed on 17.08.2017 on their request in the suit filed by the respondents but the latter are themselves violating the interim direction.
To restrain the respondents from violating the interim direction passed on 17.08.2017, the petitioners filed an application before the Munsiff seeking implementation of the interim order in letter and spirit through the SHO, Police Station Gangyal. The trial court intervened in the matter and directed the SHO, Police Station, Gangyal to implement the order passed on 17.08.2017.
However, the SHO failed to take steps to prevent continuous violation of the order by the respondents.
“If an order is passed by a civil court in a suit, it is the duty of the civil court to see that the same is not violated by the parties and if it is brought to the notice of the civil court that such order is not being complied with in letter and spirit, the civil court has all the powers to enforce its implementation and punish for disobedience”, Justice Janak Raj Kotwal said.
“Order 39 Rule 3-A is a provision made in the Code of Civil Procedure to address such contingency. The petitioners instead of persuading the civil court to proceed under Order 39 Rule 3-A has straightway approached this court. That apart, this court cannot lose sight of the fact that there is a growing tendency amongst the citizens, more particularly the executive agencies of the State to take the orders of civil courts lightly. This perhaps may be due to the reason that many a times the civil courts have been showing leniency and not dealing with such situation with iron hand”, Justice Kotwal further said.
“The civil court is vested with vast powers to see that its orders are not disobeyed by anybody. But it appears that due to lack of assertion of authority by the civil courts, the aggrieved persons have started approaching this court short-circuiting the procedure laid down in the Code of Civil Procedure. This court being a supervisory court cannot afford to be a mute spectator”, Justice Kotwal further said and directed that SHO Police Station Gangyal shall ensure that the order passed by the Munsiff, Bishnah dated 17.08.2017 is not violated by any of the parties to the suit.
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