1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7196 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 7196 OF 2010 *** 1. Heard Advocate Mr. Loya for the Petitioner and Advocate Mr. Patil for Respondent Nos.1 to 3. 2. Trial Court has already passed order on 3rd July, 2006 in favour of present Respondent Nos.1 to 3 and restrained present petitioner, his agents, servants, family members from disturbing their peaceful possession over the suit field i.e. 3 Acres of Gat No.1189 of Raghunathpurwadi. 3. The Respondents, thereafter, sought police aid contending that the order was not being obeyed. That application dated 23rd June, 2008 has been allowed on 30th April, 2010. Shri Loya points out that police aid needs to be given only in exceptional circumstances and here trial Court has not recorded any such finding. Police aid has 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7196 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. been granted just for asking. He further argues that it is last course available and the order needs to be implemented by taking recourse of Order XXXIX Rule 2 (a) C.P.C. first. 4. Shri Patil states that order dated 3rd July, 2007 has attained finality and hence needs to be obeyed. The very fact that the order of police aid is being opposed clearly shows intention of the petitioner not to obey that order. 5. In reply, Shri Loya states that under the guise of that order Respondent Nos.1 to 3 are prohibiting petitioner from entering his own field. 6. The grievance of petitioner about obstruction by respondent Nos.1 to 3 is the subject matter of suit. If he succeeds in establishing his grievance, he may get appropriate relief but then for the time being order of temporary injunction passed by 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7196 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. trial Court against the petitioner/ plaintiff needs to be obeyed as that order has attained finality. 7. The trial Court has found that there was complaint of disobedience and obstruction before it and has therefore, granted police aid. The provisions in this respect are incorporated to see that orders of the Court are implemented. The petitioner cannot be permitted to defeat implementation of orders by taking recourse to such technicalities. As I do not see any jurisdictional error or perversity, petition is dismissed. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/04/2011. ans/7196