Citation : 2022 Latest Caselaw 5484 Tel
Judgement Date : 29 October, 2022
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33545 OF 2021
ORDER (ORAL) :
The writ petition is filed seeking a direction to the respondent
Nos.1 to 4-the revenue and police officers to protect the possession
and enjoyment of the petitioner over the land admeasuring Acs 2.00
gts bearing Survey No.114/15 at Lathifpur Village of Uppununthala
Mandal inspite of loosing O.S. No.34 of 2015 pursuant to Perpetual
Injunction decree dated 08.03.2018 granted by the learned Junior
Civil Judge, Achampet.
2. Heard Sri M. Murtuza Ali Faruqui, learned counsel for the
petitioner, learned Government Pleader for Revenue appearing for
respondent Nos.1 and 2, learned Assistant Government Pleader for
Home appearing for respondent Nos.3 and 4 and
Sri A. Vishnuvardhan Reddy, learned counsel appearing for
respondent Nos.5 and 6, and perused the material on record.
3. Learned counsel appearing for respondent Nos.5 and 6
submitted that A.S. No.55 of 2018 was preferred by the respondent
Nos.5 and 6 challenging the Judgment and decree dated 08.03.2018
passed in O.S.No.34 of 2015 by the learned Junior Civil Judge,
Achampet and the same is pending adjudication. Further the
petitioner-decree holder also filed Execution Petition vide E.P.No.2 of
2001 before the Court of learned Junior Civil Judge, at Achampet
and sought, "police protection and send judgment debtors to the civil
imprisonment or attach their properties if any".
4. It is not in dispute that E.P.No.2 of 2001 is filed by the
petitioner and the same is pending before the Court below, this Court
is not inclined to entertain the writ petition.
5. Hence, the writ petition is disposed of directing the Court
below, to dispose of the E.P.No.2 of 2001, within a period of two
months from the date of receipt of a copy of this order. No costs. The
petitioner is given liberty to file an independent application pending
disposal of the Execution Petition for grant of police protection if any,
not filed so far.
Miscellaneous Applications, if any, pending in the writ petition
shall stand closed.
_________________________ B. VIJAYSEN REDDY, J.
Date: 29.10.2022 ESP/PT
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.P.No.33545 OF 2021
Dated:29.10.2022
ESP/PT
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