Syed Zaheeeruddin vs Mohammed Mumtaz Ali And 3 Others
2021 Latest Caselaw 457 Tel

31




          THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                             AND
          THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                              W.A.No.521 of 2020

     JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

     1.    The appellant (4th respondent in W.P.No.17676 of 2020) is

aggrieved by the order dated 20.10.2020 passed by the learned Single

Judge in a writ petition filed by the respondent No.1/writ petitioner

praying inter alia for issuing a writ of mandamus to the respondents

No.2 to 4 to take action against the appellant and his family members,

on the basis of a complaint made by him on 27.08.2020.

2. The writ petition was disposed of by the learned Single Judge

with liberty granted to the respondent No.1/writ petitioner to file an

appropriate application before the Humayun Nagar Police Station for

providing police protection to enforce a decree dated 28.01.1998

granted in his favour in O.S.No.5876 of 1994 by the learned

VII Junior Civil Judge, City Civil Court, Hyderabad with a further

direction to the respondent No.1 to specify the nature of protection

required by him. Further, the Humayun Nagar police was directed

that on receiving such a request, appropriate protection for

implementing the aforesaid judgment and decree be granted to him.

3. The limited grievance of the appellant herein is that the relief

granted in the impugned order is at variance with the prayer made by

the respondent No.1/writ petitioner in W.P.No.17676 of 2020.

Learned counsel clarifies that the captioned judgment and decree was

given effect to in E.P.No.53 of 1998, which was closed on 13.10.1998

and therefore, there is no question of the police extending any

protection to the respondent No.1 for implementation of the decree

and judgment.

4. Learned counsel for the respondent No.1 does not deny the

submission made by the other side that E.P.No.53 of 1998 stands

disposed of upon enforcement of the judgment and decree dated

28.01.1998. He submits that he will be satisfied if directions are

issued to the respondents No.2 to 4 to consider the complaint dated

27.08.2020 submitted by the respondent No.1/writ petitioner and take

appropriate action thereon in accordance with law.

5. Learned counsel for the appellant states that he does not have

objection to the said request.

6. Accordingly, the impugned order dated 28.10.2020 passed in

W.P.No.17676 of 2020 is quashed and set aside. With the consent of

the parties, the present appeal is disposed of, along with the pending

applications, if any, with a direction issued to the respondent

No.3/police to examine the complaint dated 27.08.2020 submitted by

the respondent No.1 and take appropriate action thereon, as

contemplated in law.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 17.02.2021 Lrkm/pln