IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11993 of 2011 Updesh Sah Versus Shankar Sah & Ors ----------- 02. 27.07.2011 Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 21.05.2011 passed by Subordinate Judge IV, West Champaran, Bettiah in Title Suit No.79 of 1994 whereby the learned Court below has given police assistance to the plaintiff-respondent in support of the injunction order passed by the Court. The learned counsel for the petitioner submitted that the plaintiff-respondent has already sold the properties and he is not in possession of any part of the property and the purchasers are making constructions over the property purchased. In such circumstances, the learned Court below should not have given police assistance to the plaintiff-respondent. From perusal of the impugned order, it appears that only to protect the possession of the plaintiff, the learned Court below has given the police assistance in exercise of power under Section 151 of the Code of Civil Procedure, therefore, it cannot be said that the learned Court below acted without jurisdiction or he acted beyond his jurisdiction or that he acted in a manner not provided by provision of any law or that because of the 2 impugned order any grave injustice or failure of justice has occasioned thereby. In view of the above facts and circumstances of the case, the impugned order cannot be interfered with in supervisory jurisdiction under Article 227 of the Constitution of India as has been laid down by the Hon’ble Supreme Court in a case reported in 2003(6) Supreme Court Cases 675, which has been reiterated again in 2010(8) Supreme Court Cases 329 and again in 2011(3) P.L.J.R. 46 Supreme Court. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)