HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3918 OF 2013 DATED 5TH AUGUST, 2014.
BETWEEN Shivashette Madhava Rao …..Petitioner and Nanda Kumar and ors ….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION No. 3918 OF 2013
ORDER:
This Civil Revision Petition arises out of the order dated 22.07.2013 passed in I.A.No. 122 of 2013 in I.A.No. 50 of 2011 in O.S.No. 20 of 2011 on the file of the learned Junior Civil Judge, Bhainsa, Adilabad District.
The application in I.A.No.122 of 2013 filed by the petitioner seeking police aid for implementing the temporary injunction order dated 26.11.2012 passed in CMA.No. 1 of 2012 by the learned Senior Civil Judge, Nirmal in protecting his possession over the petition schedule land in an extent of Ac.16.20 gts situate in Sy.No. 61/1 of Bidrelli village, Mudhole Mandal of Adilabad District was dismissed. The injunction order is an ex parte order and the application to set aside the said ex parte injunction order is pending consideration before the lower appellate Court. The trial Court taking into consideration the said aspect of the matter rightly declined to grant the relief of police aid. In the circumstances, this Court is of the view that no error has been committed by the Court below in dismissing the application for police aid.
The Civil Revision Petition is therefore liable to be dismissed. However, it is made clear that the petitioner is at liberty to move similar application if he is so advised before the lower appellate Court and if such an application is filed, the lower appellate Court shall consider the same in accordance with law along with the application filed by the respondents/defendants for setting aside the ex parte injunction order passed in CMA.No. 1 of 2012, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.
The Civil Revision Petition is dismissed. Consequently, miscellaneous petitions pending consideration if any in the Civil Revision petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 5th September, 2014. Msnro