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2025 DAILYLAW 16989 (AP)

T. RAJAMMA v. B. SESHADRI NAIDU

CRP/2140/2019 · 2025-02-14

T C D Sekhar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010230322019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 2140/2019 Between: T. Rajamma and Others ...PETITIONER(S) AND B Seshadri Naidu ...RESPONDENT Counsel for the Petitioner(S): 1. S V MUNI REDDY Counsel for the Respondent: 1. V SUDHAKAR REDDY 2 The Court made the following order: The present revision petition is filed aggrieved by order dated 01.07.2019 passed in I.A.No.266 of 2019 in O.S.No.201 of 2017, on the file of the Junior Civil Judge-cum-Judicial Magistrate of I Class, Puttur, Chittoor District (herein after referred as the Trial Court). 2. The respondent/plaintiff filed a suit for permanent injunction against the petitioners herein and, along with the said suit, he also filed an interlocutory application vide I.A.No.1289 of 2017, seeking to grant temporary injunction. The said application was contested by the petitioners and the Trial Court by order dated 11.12.2018, granted temporary injunction in favor of respondent/plaintiff. Aggrieved by the said order, the petitioners/defendants filed a civil miscellaneous appeal vide C.M.A.No.5 of 2019, on the file of the Senior Civil Judge, Puttur, Chittoor District. Pending the same, the respondent/plaintiff filed I.A.No.266 of 2019, under Section 151 of Civil Procedure Code, seeking to grant Police aid to implement order dated 11.12.2018, passed in I.A.No.1282 of 2017. Upon contest, the trial Court, by impugned order, allowed the said application, against which the present revision petition is filed. 3 3. Heard the counsel for the petitioners and the counsel for the respondent. 4. Perused the material available on record. 5. It is the case of the respondent/plaintiff that despite granting injunction orders against the petitioners/defendants, on 03.02.2019, at about 10 AM, the petitioners/defendants along with their followers, attempted to trespass over the petition schedule property. During the said incident, an altercation took place between the parties, and the respondent/plaintiff approached Vedurukuppam Police and lodged a report. Despite the same, no protection was granted to him, and in those circumstances, he filed an application seeking Police aid. 6. On the other hand, petitioners/defendants contended that no such incident took place and therefore the application filed by the respondent/plaintiff is not maintainable. 7. On perusal of the averments made in the affidavit filed in support of the application for Police aid, it is succinctly clear that the respondent/plaintiff approached Vedurukuppam Police as the petitioners/defendants tried to trespass into the petition schedule property. Furthermore, against the injunction order, the petitioners/defendants filed a civil miscellaneous appeal vide 4 C.M.A.No.5 of 2019, on the file of the Senior Civil Judge, Puttur, Chittoor District, however, they did not get any favorable orders in the said appeal. During the course of hearing, it is represented that the civil miscellaneous appeal was dismissed by confirming the order of injunction. 8. This Court initially granted interim order for a period of three (03) weeks by order dated 09.08.2019, however, the same was not extended thereafter. As already observed, the injunction order granted by Trial Court was also confirmed by the Appellate Court. Hence, this Court is of the opinion that, instead of going into the merits of the matter, the trial Court is directed to dispose of the suit itself as expeditiously as possible. 9. With the above observation the present revision petition is disposed of. There shall be no order as to costs. As a sequel thereto, all miscellaneous, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR Dt.14.02.2025 DSB 5 45 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR CRP No.2140 of 2019 Date 14.02.2025 U DSB