Telangana High Court
Panjugula Ashok vs Gundemoni Nakka Balaiah on 4 July, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
CIVIL REVISION PETITION No.625 of 2024
ORDER:
This civil revision petition is filed against the order of the
trial Court dated 12.01.2024 passed in I.A.No.368 of 2023 in
I.A.No.204 of 2023 in O.S.No.83 of 2023 on the file of the Junior
Civil Judge, Achampet.
2. Heard learned counsel for the petitioner. Despite of
service of notice, there is no representation on behalf of the
respondents.
3. An application is filed by the petitioner herein for police
protection as there is violation of temporary injunction granted
by the trial Court but it was dismissed by the trial Court against
which she preferred this revision petition and mainly contended
that granting of Ad-interim injunction is of no use, if its
implementation cannot be fructified and further stated that
mere attaching the properties of the respondents and detaining
the respondents in the civil imprisonment, no purpose would be
served and unless the revision petitioner is granted police aid,
he is not able to protect the suit schedule property from being
interfered and damaged by the respondents and requested to set
aside the order.
4. It was further contended by learned counsel for the
petitioner that plaintiff filed suit for permanent injunction in
O.S.No.83 of 2023 during the pendency of the proceedings,
I.A.No.204 of 2023 is filed for Ad-interim injunction and it was
granted by the trial Court on 20.04.2023 even after granting the
temporary injunction respondents herein interfering with her
possession on 08.05.2023 and 09.05.2023 and immediately she
gave a complaint and copy of the complaint was filed before this
Court and later she also filed an application before the trial
Court for granting of police and but it was dismissed by the trial
Court. Learned counsel for the petitioner relied upon a citation
in "Vangeti Bal Reddy and Ors. Vs. Karagani Balaiah and
Ors." 1 and in para No.6 of the judgment passed by Division
Bench of this Court in "Polavarapu Nagamani & Others"
case wherein it was held that:
"(i) When the allegations are made by the
party obtaining an order of injunction, that
the said order has been violated, an
application seeking police protection would
not lie. The aggrieved party has to
necessarily file execution petition under
Order XX1, Rule 32 or an application under
Order XXXIX Rule-2A of CPC seeking
2013 Law Suit (AP) 601
attachment and/or arrest of the violation for
contempt of the Court.
(ii) When a petition is filed seeking police
protection, whether or not to exercise of
power under Section 94 (e) or Section 151 of
CPC, the facts alleged or pleaded, an order of
police protection cannot be passed in a
routine manner.
(iii) If an application is filed by the person
obtaining ad-interim injunction alleging that
there is threat of breach, disobedience or
violation of the order of injunction, subject to
proof, the Court has power to order police
protection imposing necessary conditions not
to interfere with the life and liberty, and
rights of the opposite party.
(iv) The standard of proof required in the
case of threat of disobedience of injunction or
alleged breach, disobedience or violation of
an order of injunction should be very high
and it should be between the standard of
beyond reasonable doubt and a standard of
balance on probabilities."
5. When once this Court granted an order of injunction it is
for us to implement the same directing the petitioner to have
report under Order XXI Rule 32 or the Contempt of Courts Act
is not proper and accordingly police aid was granted to prevent
disobedience and violation of the ad-interim order. Therefore,
relying upon the citation, this Court finds that it is just and
reasonable to set aside the order of the trial Court.
6. In the result, the revision petition is allowed by setting
aside order of the trial Court dated 12.01.2024 passed in
I.A.No.368 of 2023 in I.A.No.204 of 2023 in O.S.No.83 of 2023
on the file of the Junior Civil Judge, Achampet. There shall be
no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
_________________________
JUSTICE P.SREE SUDHA
DATE: 04.07.2024
Bw
