Manjula Chellur, C.J.
Petitioners are before this Court seeking police protection complaining that in spite of securing judgment and decree in a civil dispute, which ended in Execution Petition No.433/2010 on the file of Second Additional Munsiff's Court, Thiruvananthapuram, party respondents are troubling not only petitioner and his mother, but they tried to trespass into the property in spite of order of injunction against them. Admittedly, petitioner and party respondents are claiming property as children of late Gopi, who had two wives. The fight is between children of two wives of late Gopi. Be as it may, the fact remains, once Civil Court issues an order in favour of one party, that has to be enjoyed by the party, in whose favour the decree is passed. In spite of execution petition, wherein enforcement of injunction was sought, party respondents were trying to dispossess the petitioner and his mother. There was an order for police assistance from civil court WP(C).15465/12 2 which was not responded to by the police concerned. Therefore, petitioner has to approach this Court in the above police protection matter. Petitioner's counsel submits, from 6.3.2014 there is no disturbance of any nature, as the respondent police have taken action against the party respondents.
2. Learned counsel representing the party respondents submits, so far as decree of civil court the subject matter is pending before appellate court, it is needless to say that ultimately termination of civil proceedings would decide the rights of parties effectively and finally. As of now, judgment and decree is in favour of petitioner herein, therefore, in terms of directions of civil court and this court, respondent police are directed to give proper and effective police protection whenever sought by petitioner so far as the property in question which is the subject matter of the Writ Petition.
With the above observation, the Writ Petition is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs4.6.14