Item No.50
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.47 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant is aggrieved by the order dated 02.12.2020
passed by the learned Single Judge disposing of W.P.No.18149 of
2019 filed by the respondent No.1/writ petitioner who had sought
police protection against them for seeking enforcement of a judgment and decree dated 26.07.2018 passed by the learned Principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar, in O.S.No.32 of 2018 and for restraining the appellants from resisting enforcement of the said judgment and decree.
2. By the impugned order, the learned Single Judge has disposed of the captioned writ petition while granting liberty to the respondent No.1/writ petitioner to file an appropriate application before the police for seeking protection with a further direction to the police that as and when such an application is submitted, they shall extend protection to the respondent No.1/writ petitioner for enforcement of the judgment and decree, during its subsistence.
3. Learned counsel for the appellants states that the aforesaid order came to be passed in the absence of the appellants, who were W.A.No.47 of 2021 Page 1 of 3 not even served with a notice in the writ petition. She submits that instead of seeking enforcement of the judgment and decree dated 26.07.2018 passed in O.S.No.32 of 2018 in accordance with law, the respondent No.1/writ petitioner has cleverly filed a writ petition seeking police aid, which is impermissible.
4. On enquiring from learned counsel for the respondent No.1/writ petitioner as to whether any steps have been taken by his client so far to file an execution petition for seeking execution of the judgment and decree dated 26.07.2018, the answer is in the negative. Learned counsel states that no steps have been taken so far.
5. It is rather surprising that instead of seeking appropriate legal recourse as provided for under Order XXI of the Code of Civil Procedure for execution of the judgment and decree dated 26.07.2018, the respondent No.1/writ petitioner has knocked at the doors of the Court by invoking the powers of judicial review, which is impermissible. Further, it is not denied by learned counsel for the respondent No.1/writ petitioner that the impugned order came to be passed in the absence of the appellants and no service was effected on them before the said order was passed. That itself is sufficient ground to quash and set aside the impugned order.
6. Accordingly, the impugned order dated 02.12.2020 passed in W.P.No.18149 of 2019 is quashed and set aside with liberty granted to the respondent No.1/writ petitioner to seek execution of the judgment and decree dated 26.07.2018 in O.S.No.32 of 2018 as per the procedure prescribed in the Code of Civil Procedure. W.A.No.47 of 2021 Page 2 of 3
7. The appeal is accordingly allowed along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 23.02.2021 vs W.A.No.47 of 2021 Page 3 of 3