Early Times Report
Jammu, June 13: Justice Janak Raj Kotwal of J&K High Court in a petition observed that if an order is passed by a civil court in a suit, it is the duty of the civil court to see that the same is not violated by the parties and if it is brought to the notice of the civil court that such order is not being complied with in letter and spirit, the civil court has all the powers to enforce its implementation and punish for disobedience.
The grievance of the petitioners in this petition, however, is that despite the fact that the interim order of status quo with regard to the property, subject matter of suit, was passed on 17.08.2017 on their request in the suit filed by the respondent Nos. 3 & 4, yet the respondent No.3 and 4 are themselves violating the aforesaid interim directions. Submitted by learned counsel for the petitioners that with a view to restrain the respondent Nos. 3 & 4 from violating the interim directions passed on 17.08.2017, the petitioners filed an application before the learned Munsiff seeking implementation of the aforesaid interim order in letter and spirit through the SHO, Police Station, Gangyal. The trial court intervenes in the matter and directed the SHO, Police Station, Gangyal to implement the order passed on 17.08.2017 in letter and spirit.
The grievance of the petitioners in this petition, however, is that despite the fact the SHO, Police Station, Gangyal was specifically directed by the trial court vide its order dated 09.05.2018 for ensuring the implementation of order dated 17.08.2017, he has not taken any step to prevent continuous violation of the order by respondent Nos. 3 & 4.
Justice Janak Raj Kotwal observed that 7. Ordinarily, the directions sought for in this petition are not to be issued in exercise of the supervisory jurisdiction of this court. If an order is passed by a civil court in a suit, it is the duty of the civil court to see that the same is not violated by the parties and if it is brought to the notice of the civil court that such order is not being complied with in letter and spirit, the civil court has all the powers to enforce its implementation and punish for disobedience. This Court being a supervisory Court over the courts subordinate to it, cannot afford to be a mute spectator. |
