Telangana High Court
CRP/2997/2012 of Rafeeq Khan Vs Kotha Kiran Kumar on 31 December 2012
SRI JUSTICE G. KRISHNA MOHAN REDDY C.R.P.No.2997 OF 2012 ORDER: This Civil Revision Petition is directed against order dated 24.4.2012 passed in I.A.No.659 of 2011 in O.S.No.55 of 2011 (IA) by the Senior Civil Judge, Mancherial, Adilabad District. The petitioner herein is the plaintiff and the
HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDYC.R.P.No.2997 OF 2012
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ORDER:
This Civil Revision Petition is directed against orderdated 24.4.2012 passed in I.A.No.659 of 2011 inO.S.No.55 of 2011 (IA) by the Senior Civil Judge,Mancherial, Adilabad District.The petitioner herein is the plaintiff and therespondents herein are the plaintiffs.
O.S.No.55 of 2011 was filed by the plaintiff seekingthe relief of permanent injunction in respect of the suitscheduled property (shop). He also filed I.A.No.138 of2011 for temporary injunction which was granted by orderdated 1.4.2011 restraining the respondents, their men andagents etc., from in any way interfering with hispossession over the shop. The injunction order wasextended from time to time. It is alleged that in spite of theinjunction order, the respondents are illegally interferingwith the possession of the plaintiff over the property.Hence, the plaintiff filed I.A.No.659 of 2011 for granting ofpolice aid for the implementation of the injunction orderdated 1.4.2011 passed in I.A.No.138 of 2011.
The Court below disposed of the petition orderingenquiry in I.A.No.138 of 2011. Aggrieved by that, this revision is preferred.
Even though notice was served upon therespondents, no representation has been made on theirbehalf.
A perusal of the order impugned and other materialavailable on record goes to show that the Court belowought to have considered the aspect of granting policeaid. Further, the Court below ought to have disposed ofboth the IAs together taking into consideration the relevantmaterial. I am of the opinion that it is not proper on the partof the Court below to direct the petitioner to proceed withenquiry without deciding the issue of granting police aid.
Taking into consideration the facts andcircumstances of the case, the Civil Revision Petition isallowed and IA No.659 of 2011 is restored to the file and the Courtbelow is directed to dispose of both IAs together within aperiod of three weeks from the date of receipt of a copy ofthis order. However, till the disposal of the police aidpetition, necessary steps are to be taken by the Courtbelow in the interest of justice.
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JUSTICE G. KRISHNA MOHAN REDDY
Dt.31.12.2012rkk