CR No. 2772 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 2772 of 2009 (O&M) Date of Decision: 12.08.2009 Mohinder Singh ...Petitioner Vs. Nagaaiya Singh & Ors. ..Respondents Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.P.K.Gupta, Advocate, for the petitioner. Mr.Manu K.Bhandari, Advocate, for the respondents. --- Vinod K.Sharma,J. The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India to challenge the order dated 2.5.2009 passed by the learned Civil Judge (Jr. Division), Khanna dismissing an application moved by the petitioner for grant of police help for implementation of order dated 13.6.2007. The plaintiff/petitioner filed a suit for mandatory and permanent injunction against the defendant/respondents seeking a relief of mandatory injunction directing CR No. 2772 of 2009 2 defendants No.1 to 3 for demolishing the newly constructed wall shown yellow in the site plan. Along with the suit an application was moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short the Code) for grant of temporary injunction. The application was allowed and the appeal filed against the order passed by the learned trial court was also dismissed on 12.12.2007. The petitioner moved an application for grant of police help for enforcement of the order. Learned trial court dismissed the application by observing that the proper remedy for violation of injunction order was to file a petition under Order 39 Rule 2-A of the Code. The petitioner had already availed of the said remedy which was pending adjudication. The learned court further held that in view of the specific provisions under the Code resort, to exceptional discretionary remedy was not available. It is the contention of the learned counsel for the petitioner that the petitioner will suffer irreparable loss and injury on account of non- implementation of order passed by the court and that further relief granted will become redundant. There is no force in the contention raised by the learned counsel for the petitioner. Learned trial court rightly held that when specific remedy under the statute was available to the petitioner resort to Section 151 of the Code was not permissible. Relief claimed could easily be granted to the petitioner on petition moved under Order 39 Rules 2-A of the Code. CR No. 2772 of 2009 3 No merit. Dismissed. (Vinod K.Sharma) 12.08.2009 Judge rp