THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION NO.14905 of 2023
ORDER:
This writ petition is filed seeking the following relief: "......to issue an appropriate writ, order or direction particularly one in the nature of for the reasons stated in the accompanying affidavit it is Writ of Mandamus declaring the action of the respondents in not providing police protection pursuant to the Injunction Decree in O S No. 139 of 2019 on the file of the Principal Junior Civil Judge at Siddipet is arbitrary and illegal and consequently issue a direction to the respondents to provide police protection forthwith in order to save the life and property of the petitioner ......"
2. The petitioner claims to be the owner and possessor of lands admeasuring Ac.0-20 gts., in Sy. No. 49, Ac.1-29 ½ gts., in Sy. No. 48/1 and Ac.1-33 gts., in Sy.No.38 situated at Narayanaraopet Village, Siddipet Mandal and District. It is the case of the petitioner that respondent Nos.4 and 5 have created Registered Gift Settlement Deed vide document No.621 of 2018, dated 06.03.2018 and basing on the same, respondent Nos.4 and 5 started disputing the right and title of the petitioner over the subject lands of the petitioner, which constrained him to file a suit vide O.S.No.139 of 2019 on the file of the Junior Civil Judge, Siddipet and the said Court decreed the suit ::2::
on 31.12.2020 cancelling the Registered Gift Deed and also restrained respondent Nos.4 and 5 from interfering into the suit schedule property.
3. The grievance of the petitioner is that even after passing decree and judgment in O.S.No.139 of 2019, when respondent Nos.4 and 5 interfered with his possession, he made a representation to the respondents-police seeking police aid, but, no action has been taken by the respondents-police, which constrained him to file this writ petition.
4. Learned counsel appearing for respondent Nos.4 and 5 submitted that the petitioner has obtained ex-parte decree on 31.12.2020 in O.S.No.139 of 2019. Knowing the said fact about the ex-parte decree, respondent Nos.4 and 5 filed I.A.No.281 of 2021 and 2892 of 2022 in O.S.No.139 of 2019 seeking to set aside the ex-parte decree granted in O.S.No.139 of 2019. After considering the reasons mentioned therein, the said judgment was set aside by allowing I.A.No.281 of 2021 and 2892 of 2022 on 18.07.2023. In view of setting aside the ex-parte decree, ::3::
there is no injunction in favour of the petitioner for granting any police protection.
5. In view of the said submission, this writ petition is closed, as no further orders are required to be passed in this writ petition. No order as to costs.
6. Miscellaneous petitions, if any pending in this writ petition shall stand dismissed.
___________________________ C.V. BHASKAR REDDY, J __ Date: 01.11.2023 sus