Citation : 2022 Latest Caselaw 3676 Tel
Judgement Date : 13 July, 2022
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No. 28883 OF 2022
O R D E R:
This Writ Petition is filed questioning the action of the 5th
respondent to consider the representation of the petitioner and to provide
the police protection to the petitioner's plot admeasuring 268 Sq.yards in
Plot No.50/A in Sy.No.124/D situated at N.T.R.Nagar Gopannapalli
Village, Serilingampalli Mandal, Ranga Reddy, by implementing the
decree and judgment in O.S.No.47 of 2015 dated 08.03.2019 on the file
of the I Additional Junior Civil Judge, Kukatpally, basing on the
representation of the petitioner, as illegal and arbitrary.
2. Sri Rapolu Bhaskar, learned counsel for the petitioner, submits the
suit in O.S.No.47 of 2015 filed for perpetual injunction was decreed by
the Court below on 08.03.2019, which is an ex parte decree. He submits
that in spite of the judgment and decree passed by the Court below, the
unofficial respondents are interfering with the petitioner's peaceful
possession and enjoyment. Hence, the petitioner made representation to
the respondent police to grant police protection. In spite of several
representations, the respondent police failed to consider the same.
3. Sri S.Ramamohan Rao, learned Assistant Government Pleader for
Home, seeks time to file a detailed counter-affidavit in this regard.
4. The injunction that is granted in favour of the petitioner is an ex
parte decree, wherein the learned Judge without assigning any reasons
has passed the judgment. Basing on such ex parte decree, this Court
cannot grant police protection.
5. Accordingly, the Writ Petition is dismissed. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J July 13, 2022
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