THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33545 OF 2021
ORDER (ORAL) :
The writ petition is filed seeking a direction to the respondent Nos.1 to 4-the revenue and police officers to protect the possession and enjoyment of the petitioner over the land admeasuring Acs 2.00 gts bearing Survey No.114/15 at Lathifpur Village of Uppununthala Mandal inspite of loosing O.S. No.34 of 2015 pursuant to Perpetual Injunction decree dated 08.03.2018 granted by the learned Junior Civil Judge, Achampet.
2. Heard Sri M. Murtuza Ali Faruqui, learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos.1 and 2, learned Assistant Government Pleader for Home appearing for respondent Nos.3 and 4 and Sri A. Vishnuvardhan Reddy, learned counsel appearing for respondent Nos.5 and 6, and perused the material on record.
3. Learned counsel appearing for respondent Nos.5 and 6 submitted that A.S. No.55 of 2018 was preferred by the respondent Nos.5 and 6 challenging the Judgment and decree dated 08.03.2018 passed in O.S.No.34 of 2015 by the learned Junior Civil Judge, Achampet and the same is pending adjudication. Further the petitioner-decree holder also filed Execution Petition vide E.P.No.2 of 2001 before the Court of learned Junior Civil Judge, at Achampet 2 and sought, "police protection and send judgment debtors to the civil imprisonment or attach their properties if any".
4. It is not in dispute that E.P.No.2 of 2001 is filed by the petitioner and the same is pending before the Court below, this Court is not inclined to entertain the writ petition.
5. Hence, the writ petition is disposed of directing the Court below, to dispose of the E.P.No.2 of 2001, within a period of two months from the date of receipt of a copy of this order. No costs. The petitioner is given liberty to file an independent application pending disposal of the Execution Petition for grant of police protection if any, not filed so far.
Miscellaneous Applications, if any, pending in the writ petition shall stand closed.
_________________________ B. VIJAYSEN REDDY, J.
Date: 29.10.2022 ESP/PT 3 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY 78 W.P.No.33545 OF 2021 Dated:29.10.2022 ESP/PT