APHC010068812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 481/2020 Between: 1.TUMMALA LAKSHMANA RAO, S/O RAMAKRISHNA SASTRULU, AGED ABOUT 73 YEARS, 0CC- PRINCIPAL DISTRICT JUDGE (RETIRED), R/O. PLOT NO. 342, ALEKHYA TOWERS, BAIRMALGUDA, INNER RING ROAD, HYDERABAD, T.S-500 079 ...PETITIONER AND 1.PALLE SREEENIVASULU, S/O PALLE SESHA REDDY, AGED ABOUT 58 YEARS, LECTURER, R/O DAVANTHARAPALLE, VONTIMITTA MANDAL, Y.S.R.KADAPA DISTRICT. 2.PALLE NIRMALA, , W/O PALLE SREENIVASULU, AGED ABOUT 48 YEARS, HOUSE WIFE, R/O. DAVANTHARAPALLE, VONTIMITTA MANDAL, Y.S.R.KADAPA DISTRICT. 3.BUDDAREDDY PRATHAP REDDY, S/O SUBBA REDDY, AGED ABOUT 63 YEARS, R/O D-NO-- 4/183-A, ERRABALLE, RAJAMPET MUNICIPALITY, RAJAMPET, Y.S.R. KADAPA DISTRICT. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toAggrieved by the order dt. 10.2.2020 passed order in 1.A. No. 33 of 2019 in I.A. No. 534 of 2019 in O.S NO 67 OF 2019 on the file of Junior Civil Judge -Cum- Judicial Magistrate of 1st class, Sidhout, the above named petitioner begs to present this memorandum of civil revision petition IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant police aid to the petitioner for implementation of ad-interim injunction granted dated 11-11-2019 against the respondents in I.A No 534 of 2019 in respect of suit schedule lands on the file of Junior Civil Judge - cum - Judicial Magistrate Ist Class Sidhout pending disposal of the above Civil Revision Petition and pass Counsel for the Petitioner: 1.M R S SRINIVAS Counsel for the Respondent(S): 1.DHANUNJAYA REDDY K The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.481 OF 2020 ORDER: 1. The present Civil Revision Petition is filed aggrieved by the orders dated 10.02.2020 passed in IA.No.33 of 2019 in IA.No.534 of 2019 in OS.No.67 of 2019 by the learned Junior Civil Judge – Cum – Judicial Magistrate of First Class, Sidhout. The petitioner sought for police protection for implementing the ad-interim injunction dated 11.11.2019 granted in IA No. 534 of 2019. The learned Judge dismissed the petition as no reasons were assigned for granting police aid for implementation of the order. 2. The learned counsel for the petitioner submits that the petitioner has filed WP.No.11805 of 2020, which was disposed off on 17.08.2025 by observing that the petitioner is at liberty to file fresh petition as and when required. The learned counsel appearing for the petitioner had submitted that the cause of action for filing the said writ petition does not survive. On such submission, the writ petition was closed. 3. The learned counsel for the petitioner submits that the petitioner has purchased the property which initially belonged to the respondents in a Court auction and was subsequently put in possession of said property by the Court Amin. The petitioner intended to erect a motor and pump set for raising crops and had purchased the necessary items for installing the same. It is alleged that the petitioner and the motor 3 mechanic were threatened not to install the water pump until and unless the petitioner obtains passbook from MRO, Vontimitta. It is submitted that the respondents were aware of the injunction order granted by the Court. However, when the petitioner approached the police seeking their assistance, they refused to render any assistance as the petitioner would have to obtain orders of the Court. 4. The respondents in their counter have stated that there is no bore well available in the property for installation of the motor pump. It is also stated that the petitioners were not interfered with at any point of time and that the petitioner is trying to take possession of properties of third parties by taking the shelter of police protection. 5. The learned counsel appearing for the respondents submits that the petitioner after obtaining the interim injunction has subsequently filed an interlocutory application for police protection and after dismissal of the same has approached this Court and filed the present Civil Revision Petition. It is also stated that during pendency of the Civil Revision Petition the petitioner also filed writ petition seeking similar relief. The petitioner cannot be permitted to maintain two proceedings parallelly seeking the same relief. 6. Heard the learned counsel for petitioner and the learned counsel appearing for respondents. Perused the material on record. 4 7. The short point for consideration is whether the petitioner is entitled for police protection for implementing the injunction orders passed in IA No.534 of 2019. 8. Considering the submission that the orders passed in IA.No.534 of 2019 are still in force. However, they could not be implemented on account of various reasons mentioned in IA No. 33 of 2020. The learned Judge has dismissed the IA.No.33 of 2019 primarily on the ground that the petitioner has not mentioned about the existence of bore well in the schedule ‘A’ property and that the petitioner has not named the mechanic whom he had engaged for the purpose of installing the motor and pump set. That apart the petitioner has made allegations against one P.Sriramulu Reddy, who is said to have threatened the petitioner and the motor mechanic not to install the same. 9. Considering the submissions and after perusing the order, the petitioner was undoubtedly put in possession of the property by the Court Amin and the property was delivered to the petitioner by delivery warrant dated 03.09.2019. The learned Judge, after considering the submissions of the petitioner, had granted interim injunction restraining the respondents therein and their men from interfering with the possession and enjoyment of the schedule property. 10. Having been in possession of the property, after purchasing the same in Court auction, the petitioner is entitled to enjoy the property in all aspects and deal with it in the manner as deemed appropriate. The 5 petitioner cannot be deprived of the benefit of enjoyment of the property on hyper technical grounds and the petitioner ought to have been granted the requisite police aid for implementing the orders of the Court. No purpose would be served in passing of orders and leaving them without being implemented. The purpose of granting injunction would be defeated in the event the petitioner is deprived of enjoyment of the property which was purchased by him. 11. On these grounds this Court is inclined to set aside the order dated 10.02.2020 passed in IA. 33 of 2019 by the learned Junior Civil Judge – Cum – Judicial Magistrate of First Class, Sidhout and the petitioner shall be granted the requisite police aid for implementing the ad-interim injunction dated 11.11.2019 granted in IA No.534 of 2019 in OS No.67 of 2019. Appropriate orders directing the jurisdictional Station House Officer to be issued to extend the police protection for petitioner to erect the bore well pump set and other equipment shall be issued by the learned Junior Civil Judge – Cum – Judicial Magistrate of First Class, Sidhout within a period of four weeks from the date of receipt of this order. 12. Accordingly Civil Revision Petition is allowed. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 6 107 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION No.481 OF 2020 Dated 28.01.2026 KGM