IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 1944 of 2009 (O&M) Date of decision : May 08, 2009 Naresh Kumar Petitioner Versus Bishna Ram and others Respondents CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Gaurav Mohunta, Advocate for the petitioner Mr. Ravinder Jain, Advocate for respondents No. 1 to 6. Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate for respondent No. 7. Mr. Vivek Aggarwal, Advocate for respondents No. 9, 10, 13 to 17, 20 to 25, 27 to 32 A.N. JINDAL, J. (ORAL) After hearing parties at length, it has come to light that vide impugned order an ad-interim injunction was granted by the Court of Addl. Civil Judge (Senior Divison), Yamuna Nagar Jagadhri on 11.9.2008 which was appealed against and the said appeal is still pending in the court of Additional District Judge, Yamuna Nagar. Learned counsel for the petitioner has contended that the petitioners have sought direction to enforce the order under Order 39 Rules 1 and 2 CPC. Learned counsel for the respondent has cited a judgment delivered by the Apex Court Meera Chauhan vs. Harsh Bishnoi and another, 2007(1) PLJ 319 but the same is not applicable to the facts of the present case. The remedy to initiate contempt in case of breach of such order has been provided under the code and no such provision C.R. No. 1944 of 2009 (O&M) 2 prescribes for enforcement of such order with the police aid. It is only in rarest of rare cases where the aid of the police could be sought one of which may be where the party has disturbed the existing partition and then the said wrong could be undone with the help of the police. The order of temporary injunction is passed only on finding a prima facie case and not on merits after recording the evidence. Such interim orders could be reversed, varied, modified or changed at the final stage. As such the impugned order dated 2.4.2009 can not be sustained. Consequently, this petition is accepted and impugned order is set aside. However, the Appellate Court is directed to dispose of the matter within a fortnight. Order be given on dasti. (A.N.JINDAL) 08.05.2009 JUDGE reena