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 that such order is not being complied 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 August 17, 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 the counsel for the petitioners that with a view to restrain the respondent Nos. 3 & 4 from violating the interim directions passed on August 17, 2017, the petitioners filed an application before the Munsiff seeking implementation of the aforesaid interim order in letter and spirit through the SHO, Police Station, Gangyal. The Trial Court intervened in the matter and directed the SHO, Police Station, Gangyal to implement the order passed on August 17, 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 May 9, 2018 for ensuring the implementation of order dated August 17, 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 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. Order 39 Rule 3-A is a provision made in the Code of Civil Procedure to address such contingency. The petitioners instead of persuading the civil court to proceed under Order 39 Rule 3-A have straightway approached this Court.
That apart, this Court cannot lose sight of the fact that there is a growing tendency amongst the citizens, more particularly the executive agencies of the State to take the orders of Civil Courts lightly. This perhaps may be due to the reason that many a time the Civil Courts have been showing leniency and not dealing with such situation with iron hand. Needless to remind, that the Civil Court is vested with vast powers to see that its orders are not disobeyed by anybody whosoever he/she may be. But it appears that due to lack of assertion of authority by the Civil Courts, the aggrieved persons have started approaching this Court short-circuiting the procedure laid down in the Code of Civil Procedure. This Court being a supervisory Court over the Courts subordinate to it, cannot afford to be a mute spectator.
Justice Janak Raj Kotwal further directed that subject to objections and till next date of hearing before the Bench, the SHO, Police Station, Gangyal shall ensure that the order passed by the Munsiff, Bishnah dated August 17, 2017 is not violated by any of the parties to the suit. He shall submit a report in compliance of the order of the Munsiff dated May 9, 2018 before the Trial Court within two weeks from today. The Trial Court shall proceed in the matter in accordance with law notwithstanding the pendency of this writ petition.