IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH SATURDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.2794 of 2014 BETWEEN Puli Venkateswara Rao.
... PETITIONER AND Utukeir Badari Narayana and another.
...RESPONDENTS Counsel for the Petitioner: MR. M.K. RAMALINGESWARAR RAO Counsel for the Respondents: --NONE APPEARED--
The Court made the following:
ORDER:
This revision is by the plaintiff, who was granted interim injunction pending the suit. Petitioner, however, seeks police aid for the purpose of implementation of injunction, that application I.A.No.13 of 2014 was dismissed under the impugned order dated 03.03.2014.
2. The Court below passed the impugned order, firstly, on the ground that the Division Bench decision of this Court in POLAVARAPU NAGAMI v. PARCHURI KOTESHWARA RAO [2010 (6) ALT 92 (DB)] holds that such application cannot be entertained and aggrieved party has to file execution petition under Order 21 Rule 32 or an application under Order 39 Rule 2-A CPC. Secondly, the Court below held in the impugned order that no material was placed before the Court to prove that the respondent disobeyed the injunction order and it is not possible for the petitioner to implement the injunction order without the aid of police.
3. On both the aforesaid grounds, the order impugned does not warrant any interference.
The civil revision petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 20, 2014 DSK