HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.859 of 2014 Date : 21-11-2014 Between :
Lagula Kashinath Goud ..
Petitioner And K. Sudhakar Reddy and others .. Respondents Counsel for petitioner : Sri Venkateswarlu Sanisetty Counsel for respondents : Sri Nagesh Bheemapaka The Court made the following ORDER:
This Civil Revision Petition arises out of order dated 13-2-2014 in E.A.No.12 of 2013 in E.P.No.10 of 2013 in O.S.No.182 of 2007 on the file of the learned Junior Civil Judge, Chevella.
The petitioner filed the above mentioned suit and obtained a decree for permanent injunction. Seeking execution of the said decree, he has filed E.P.No.10 of 2013. In the said E.P. the petitioner has filed E.A.No.12 of 2013 seeking police aid for implementing the injunction order. The lower Court relied upon the Judgment of this Court in G. Kota Reddy Vs. G. Rajagopala Reddy[1] and held that when execution proceedings are pending, the plaintiff/decree-holder is not entitled to grant of police aid.
In my opinion, when the E.P. itself is for execution of the decree, an application for police aid which is also meant for execution of the decree cannot be maintained. Therefore, the lower Court has rightly dismissed the E.A. The lower Court is however directed to dispose of E.P.No.10 of 2013 within a period of two months from the date of receipt of this order.
Subject to the above direction, the Civil Revision Petition is dismissed.
Justice C.V. Nagarjuna Reddy Date : 21-11-2014 AM AM
[1] 2000(6) ALT 580