Ambarnath Kalyani vs Narsi Reddy
2021 Latest Caselaw 4591 Tel

          THE HONOURABLE JUSTICE G. SRI DEVI

          CIVIL REVISION PETITION No.1441 of 2021

ORDER :

This civil revision petition is filed questioning the order dated

15.07.2021 in E.A.No.9 of 2018 in E.P.No.2 of 2018 in O.S.No.1 of

2005 on the file of Junior Civil Judge, Narayanpet, by which, the

application filed by the petitioners herein for providing Police aid for

implementing the judgment in the suit, has been dismissed.

2. Heard learned counsel for both sides.

3. The learned counsel for petitioners contended that the trial

Court has erred in dismissing the application with an observation that

the respondents are not acting against the judgment and decree in the

suit and it further erred in observing that the application filed by the

petitioners herein is not supported by any evidence. It is further

contended that the trial Court ought to have allowed the application of

the petitioners to avoid multiplicity of proceedings.

4. Learned counsel for respondents has contended that the trial

court, on considering the material before it, has observed that no

evidence was adduced by the petitioners herein in support of their

application in E.A.No.9 of 2018 and accordingly dismissed the same.

It is contended that there are no merits in this revision so as to

interfere with the order passed by the trial Court.

GSD, J C.R.P.No.1441 of 2021

5. A perusal of the impugned order shows that the trial Court, by

relying upon the judgment of Hon'ble Supreme Court in Hunger

Ford Investment Trust Limited v. Haridas Mundhra & others1,

has categorically stated the mode of filing of execution petition under

Order 21 Rule 32 C.P.C. with regard to the manner and mode of

execution of injunction decree.

6. Having regard to the reasons recorded by the trial Court,

I do not find any irregularity or infirmity in the impugned order. The

revision petition is devoid of merits and it is accordingly dismissed.

No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

____________________ JUSTICE G.SRI DEVI

Date: 24.12.2021

ajr

AIR 1972 SC 1826