AIR 1993 KERALA 62 ::(1993) CivilCourtC 313 ::1993 (1) LJR 213 ::(1992) 2 Ker LJ 605 ::1992 (2) Ker LJ 606

Kerala High Court

Hon'ble Judge(s): K. P. Balanarayana Marar , J

(A) Constitution of India , Art.226— Jurisdiction of Court - Execution/Enforcement of decree/order of Court - Police assistance - Can be sought under Art.226 only on failure of party in getting such assistance in pursuance to order of Civil Court. AIR 1971 A.P. 53. Dissented from. Civil P.C. (5 of 1908) , O.21 R.32, S.151— The party has first to move the Court which passed the decree or order for getting the decree or order enforced with the assistance of the police. Such enforcement has to be made through the officers of that Court. The assistance of the police can be requisitioned only to help the officers of the Court to enforce the decree or order. The police officers cannot be entrusted with the duty of identifying the property or determining the right of easement or other civil rights. On the other hand, the officers deputed by the Court to enforce the order will be armed with the decree or order which contains the details of the properties in respect of which the decree or order was granted. The Court has its own machinery to execute the decrees or orders. The same can be done only through that machinery. When a decree cannot be executed by a request to the police authorities, it cannot also be enforced in that manner. In other words the decree or order can be executed or enforced only through the officers of the Court in the manner kno....