Yerrapati Nagendhramr vs Station House Officer
2023 Latest Caselaw 588 Tel

            THE HON'BLE Dr. JUSTICE G. RADHA RANI

            CIVIL REVISION PETITION No. 2856 OF 2022

ORDER:

This Civil Revision Petition is filed by the petitioners/

petitioners/plaintiffs aggrieved by the order dated 03.11.2022 made in

I.A.No.1092 of 2021 in I.A.No.370 of 2019 in O.S.No.179 of 2019 on the

file of the Court of the Junior Civil Judge - cum - Judicial Magistrate of

First Class at Huzurnagar.

2. Heard the learned counsel for the petitioners and the learned

counsel for the respondents.

3. Learned counsel for the petitioners submitted that the petitioners

were the plaintiffs and they filed the suit for perpetual injunction against the

respondents/defendants. An exparte ad-interim injunction order was granted

by the Court on 21.10.2019 and the same was extended "until further

orders." As the respondents/defendants were continuously disobeying the

interim injunction orders, the petitioners filed a petition for police aid under

Section 151 of C.P.C. But the learned Judge dismissed the application

without considering the urgency and damage if police aid was not provided Dr.GRR,J C.R.P.No.2856 of 2022

and prayed to set aside the impugned order in I.A.No.1092 of 2021 in

I.A.No.370 of 2019 in O.S.No.179 of 2019 dated 03.11.2022.

4. Learned counsel for the respondents on the other hand submitted

that the petitioners filed the suit basing on false title and possession without

filing any piece of paper on record and made a complaint to the Station

House Officer, Chintalapalem on 29.09.2019 on forged and fabricated

documents. The respondents filed their counter in I.A.No.370 of 2019 and

written statement in the suit. The prayer to grant police aid was made falsely,

hence, the lower court rightly dismissed the petition and prayed to direct the

trial court to dispose of I.A.No.370 of 2019 within a specified period.

5. Perused the record. The petitioners had filed I.A.No. 1092 of

2021 seeking police aid on an ex-parte interim injunction order granted by

the court on 21.10.2019. The respondents are contesting the matter by filing

their counter and written statement in the suit. They were contending that

there was no such land as claimed by the plaintiffs in existence within the

specified boundaries and as such, there was no question of interference by

the respondents/defendants and there was no infringement of the rights of

the petitioners/plaintiffs. They were contending that no documents were

filed by the petitioners/plaintiffs in proof of their possession.

Dr.GRR,J C.R.P.No.2856 of 2022

6. Learned counsel for the respondents relied upon the orders of this

Court in Vemula Damayanthi and Anr. Vs. Cheepu Krishna Veni and 8

others1, Gudibanda Ramchandar Rao Vs. Garika Venkata Sambaiah

and 2 others2, M/s. Senthan Properties Vs. M/s. S.V.S. Infra Services

Pvt. Ltd.3 and also relied upon the judgment of the Kerala High Court in

Adhikarath Valappil Kunhumuhammed alias Kunhippa and others Vs.

Korath Illath Valappil Mammi alias Bava Haji and others4 wherein in

all these cases it was held that courts should be reluctant to grant police

protection on the basis of ex-parte injunction orders which would only pave

the way for further litigations between the parties.

7. Learned counsel for the revision petitioners relied upon the order

of this Court in Talla Srinivas Goud Vs. Ghanapuram Srinivas Reddy5,

wherein it was considered

'whether Section 151 of C.P.C. empowers the Civil Court to grant police aid for proper implementation of its order of temporary injunction under Order XXXIX of C.P.C.'

C.R.P.No.1201 of 2020, dated 30.11.2022

C.R.P.No.1131 of 2020, dated 23.11.2022

C.R.P.No.1173 of 2020, dated 21.01.2021

1999 SCC Online Ker 159

C.R.P.No.3697 of 2018, dated 23.11.2021 Dr.GRR,J C.R.P.No.2856 of 2022

8. As seen from the order relied by the learned counsel for the

petitioners (5 supra), it was on the aspect that police aid could be granted for

implementation of the temporary injunction order but not for grant of police

protection on the basis of an ex-parte injunction order.

9. As the respondents had filed their counter in I.A.No.370 of 2019

and the said I.A. is ripe for hearing, this Court does not find any illegality in

the order of the trial court in dismissing the police aid application filed by

the petitioners.

10. In the result, the Civil Revision Petition filed by the petitioners is

dismissed confirming the order of the trial court in I.A.No.1092 of 2021 in

I.A.No.370 of 2019 in O.S.No.179 of 2019 dated 03.11.2022 on the file of

the Court of the Junior Civil Judge - cum - Judicial Magistrate of First Class

at Huzurnagar and the trial court is directed to dispose of I.A.No.370 of

2019 on merits within a period of 30 days from the date of this order.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ Dr. G. RADHA RANI, J February 06, 2023 SS Dr.GRR,J C.R.P.No.2856 of 2022

THE HON'BLE Dr. JUSTICE G. RADHA RANI

CIVIL REVISION PETITION No. 2856 OF 2022

February 06, 2023

SS