THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.1983 of 2023
ORDER:
The writ petition is filed to declare the action of the respondent No.5 in not considering the representation of the petitioner dated 28.11.2022 for providing police protection to the petitioner in respect of his land admeasuring 1452 sq. yards in Sy.No.573/B, an extent of 1210 sq. yards in Sy.No.568/D and an extent of 124 sq. yards in Sy.No.574/D, totalling an extent of 2786 sq. yards, situated in one Compact Block in Urus Village, Warangal Mandal and District, as illegal and arbitrary.
2. Learned counsel for the petitioner submitted that a decree of perpetual injunction was passed in favour of the petitioner vide judgment dated 28.07.2015 in O.S.No.336 of 2014 on the file of the V Additional Junior Civil Judge, Warangal. EP.No.449 of 2022 in O.S.No.336 of 2014 was filed to enforce the decree and the same is pending. Even after the decree, the unofficial respondents are interfering with the possession of the petitioner in respect of the subject property, as such representation dated 28.11.2022 was submitted by the petitioner seeking police protection.
3. Learned counsel for the respondents No.6 to 8 submitted that the decree passed in O.S.No.336 of 2014 dated 28.07.2015 is an 2 ex parte decree. An application in IA.No.546 of 2016 was filed under Order IX Rule 13 of the Civil Procedure Code, 1908, for setting aside the ex parte decree and the same is pending. He further submitted that the said application is coming up for hearing on 22.02.2023.
4. In the circumstances, the V Additional Junior Civil Judge, Warangal, is directed to pass orders in IA.No.546 of 2016 within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is given liberty to submit a representation to the police subject to the outcome of IA.No.546 of 2016. The petitioner is given further liberty to seek modification of this order for expediting disposal of EP.No.449 of 2022 subject to the outcome of IA.No.546 of 2016.
With the above directions, the writ petition is disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J February 15, 2023 DSK