Mudigonda Ramaiah vs Gundu Appa Rao
2023 Latest Caselaw 142 Tel

                      HON'BLE SRI JUSTICE K.SURENDER

                CIVIL REVISION PETITION No.30 OF 2023
ORDER:

1. This Civil Revision Petition is filed by the

petitioners/respondents/defendants against the docket order

dt.14.12.2022 in IA.No.568 of 2019 in IA.No.208 of 2018 in

OS.No.93 of 2018, whereby the Prl.Junior Civil Judge, Kodad

provided Police Aid to the petitioner/plaintiff for execution of

status quo order passed in IA.No.208 of 2018 in OS.No.93 of

2018.

2. As seen from the impugned docket order, the Court below

ordered status quo in favour of the petitioner/plaintiff.

3. Learned Counsel for the petitioners who are defendants in

the main suit has relied upon the Judgment rendered by this

Court in Ch.Sudhakar Raju v. Jubilee Hills Co-operative

House Building Society Limited 1 wherein it is held as follows;

"3. Police Aid was sought by the petitioner obviously to enforce an order of status quo. But an order of status quo is completely different from an order of injunction. If there is an order of injunction, Police Aid could be granted. When there is only an order of status quo, the Court cannot leave it to the Police to

2019(1) HLT 186

decide as to what was the status quo on that date. Hence leaving it open to the petitioner to work out other remedies, this revision is dismissed......"

4. In view of the aforesaid Judgment of this Court, apparently,

Police Aid cannot be enforced on a status quo order.

5. In view of the infirmity in the impugned order, this Court

does not find reason to issue notice to the respondent herein who

is plaintiff in the main suit.

6. Accordingly, the Civil Revision Petition is allowed setting

aside the docket order dt.14.12.2022 in IA.No.568 of 2019 in

IA.No.208 of 2018 in OS.No.93 of 2018, passed by the Prl.Junior

Civil Judge, Kodad. No order as to costs.

As a sequel thereto, miscellaneous applications pending, if

any, shall stand closed.

_________________ K.SURENDER, J

Date: 06.01.2023 tk

HON'BLE SRI JUSTICE K.SURENDER

CIVIL REVISION PETITION No.30 OF 2023

Dated: 06.01.2023

tk