High Court · 2025

Petition Under Artrcle 226 of lhe constitution of lndia praying that in the circumstances staied in the affidavit filed therewith, the High court may be pleased to isErre a writ, order or directioh more particglarly one in the nature of writ of Mandbmus ro cleclare tlre ar:tt<.rrr of the ResponLiuilis No.2 and 3 Police in not providing adequate police Aid to the Petitioners for effective implementalion of the injunctlgn order in favour of the Petitipners against the Respondelts No.4 ta 6 and others and their agents in 1A No.1405t2021 in 0 s No 451/2021 dated A5Q7l2O22 9r;.r the file of the Juniot Civil Judge at Gajwel as arbitrary, illegal and violatiol of A(icle 14 and 21 of the Constitution qf ln{i4 and aonsequently dlreOt the Respondents Np.2 and 3 tg providg adequate police Aid to the Petitionerq for effeptive iqplgmentation of the inlLrnction order grairtL:d in favour of the Petitioners Eg?in91 the Respandentq No.4 to 6 and Qtherq and thgir agentg in l.A No.1405/2021 in O S \o 451t2021 dated 05/07i2022 on the file qf the Junior Civil Judge qt Gajwel in respect of the suit schedule prooerty in the inlerest of justlce. .NO:1 OF 2025 Petitian UnCer Section 151 CPC praying that i,r In.r ciicunrstances stated in the qffidavit filed in support of the petition, the High Court may be pleased to direct the Rqgpondents No.Z and 3 to prgvide adequate police Aid to the Petitioners fgr effective implementation of the iniunction order granted in fav9ur of the Fetitigners against the Respon{ents Nq.4 to 6 and others and theit agents in l.A.No'1405 12021 in 0 S.No.451/2021 {ated 0510712022 on the file of the Junior Civil Judge at Galwel in respect of the suit sqhedule proPerty pending disposql of the writ petition in lhe interest of iustice Counsel for the Petitioners : M/s PERUMANDLA KALPANA Qounsel fo1 lhe Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 to 6 : - The Court made the following ORDER ;\ ,,1 1., ORDER: THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY trIRIT PETITI ONNo.270l of 2O2S This writ petition is filcd sccking to declare the action of respondent Nos.2 and 3 in not providing adequate police aid to the petitioners for effective implementation of the injunction orcier in favour of the petitioners against respondent Nos.4 to 6 and others and their agents in I.A.No.l40S of 2O2l in O.S.No.451 ot 2021, d.ated. O5.O7.2O22 on the hle of the Jr_rnior Civil Judge, Gajrvel, as illegat, arbitrary and consequently prayed thjs Court for other appropriate reliefs.

2. Considered the subm-lssions of the lcarned cotnsel for the respective parties and with their- ccnsent, this rvrit petition is being disposed of at the admission stage e.nd in view of the rclicf sought in this writ petition, issuance cf to thc un_official rcspondents is 'oticc dispensed with.

3. It is stated that petitio.ers/piaintiffs have instituted a suit for injunction uide o.s.No.41r of 2o2l on the file of the Junior civil Judge, Gajwel, (for short, ,the trial CourtJ against respondent Nos.4 to 6/defendants and the said Court has granted ad interim injunction in LA.No.14O5 of 2O2l restraining respondent Nos.4 to 6/defenclants in interfering with the peaceful possession of the suit schedule property. 2 The grievarce of the petitioners is that even after obtaining injunction orders, respon,lent Nos.4 to 6 are frequently interfering with their peaceful possession and causing inconvenience for enjol'rnent of the suit schedule proPerty. lrarned Assistant Government Pleader for Home appearing for 4. respondent Nos.2 and 3 has submitted that if respondent Nos'4 to 6/defendants have vioiated any injunction orders granted in favour of the petitioners, the petitioners are having remedy of ltling an appropriate application under Order XXXIX Rule 2A of the Code of Civil Procedurc, 1908 (CPC), against respondent Nos'4 to 6/defendants, u'ho violated the injunction' It is further :;tated that even after granting orders under Order XXXIX Rule 2A of CPC, the petitioners call file ari appropriate application under Section 151 CPC seeking police aid.

5. In vierv of the above, it is observed that the injunr:tion order granted in favcur of the petitioners is only an ad interim injunction and the said injunction order has not been obtained after contesting the matter anC at this stage, providing the security u'oulrJ dehnitely have an impact over the suit pending for adjudication' Further, in catena of judgments of this Court and the Honble Apex Court, it is made clear that when a suit is pending on the file of the Civil Court l I I :'11 & I l t l. ::3i: and more particularly, a suit for injunction, the pe titioners/plaintiffs are not intitled for making an application for providing police aid.

6. In the light of the aforesajd discussion, this Writ petition is dismissed granting liberty to the petitioners/plaintiffs to make arr appropriate application on the file of the trial court if there is any violation oi the injunction order granted in I.A.No. 140 S of 2O2l in O.S.No.4S1 of 2021. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs. SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To I 2 a Two QCE to GP FOR HQME, tiign Corrrt lor the Stair ol lelangana at Hvderabad. [OUT] 6'.;"cc i; ti/r pLnuunruom KALPANA, AdvoaEte toPucl Two QD CoPies SA BS / k*t i\, i j - .r.-i.i., i_ s i,i .t ( v z o 25 riAR 2m I '€sparcH EO i HIGH COURT DATED:31 t0112025 :'. ? ORDER WP.No.2701 ot 2025 DISMISSING THE W.P WITHOUT COSTS. / /z ,u €:'