IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE R.KANTHA RAO
CIVIL REVISION PETITION No.5003 of 2013
Between:
Anumolu Vijaya Nirmala and 2 others . PETITIONERS/DECREE HOLDERS And Borra Pullaiah (died) and 4 others . RESPONDENTS/JUDGMENT DEBTORS The Court made the following:
THE HON’BLE SRI JUSTICE R.KANTHA RAO CIVIL REVISION PETITION No.5003 of 2013
ORDER:
This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 24.07.2013 passed in E.A.No.136/2013 in E.P.No.39/2010 in O.S.No.86/2002 on the file of the Court of the Principal Junior Civil Judge, Chintalapudi, West Godaari District.
Head the learned counsel appearing for the petitioners/decree holders. Though notice is served, none appeared for the respondents/judgment debtors.
Petitioners/decree holders filed execution petition under Order 21 Rule 32 CPC complaining of not obeying the decree of permanent injunction against the respondents/judgment debtors. In the E.P. the petitioners/decree holders filed E.A.No.136/2013 under Sec.151 CPC seeking police protection during the pendency of the main execution petition.
The learned trial Court rightly held that the relief of police aid is available to a party only during the pendency of the suit and not to a party who has an order of injunction in his favour. The execution proceedings are to be carried on in accordance with the provisions of Order 21 Rule 32 CPC, which does not contemplate grant of police protection.
The learned counsel appearing for the petitioners/decree holders has relied upon a judgment of this Court in Vangeti Bal
[1]
Reddy and others vs. Karagani Balaiah wherein the learned single Judge of this Court held that when an order of injunction is breached or disobeyed, the party has to take recourse to Order 39 Rule-2A or Order 21 Rule 32 CPC. The facts of the case before the learned single Judge are entirely different from the facts of the present case.
I do not see any error of jurisdiction committed by the learned trial Court in dismissing the application filed by the petitioners/decree holders under section 151 CPC seeking police protection.
The Civil Revision Petition is therefore dismissed at the stage of admission. The execution petition is, however, directed to be disposed of as expeditiously as possible, preferably, within a period of 3 (three) months from the date of receipt of a copy of this order. In the circumstances, there shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed in consequence.
R.KANTHA RAO,J Date: 08.08.2014 Dsr
[1] 2013(6) ALD 104