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2013 Supreme(AP) 952

B.CHANDRA KUMAR
Mettu Malyadri – Appellant
Versus
Mettu Sivaiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:M. Venkata Narayana, Advocate.
For the Respondent:P. Rajasekhar, Advocate.

JUDGMENT

This CRP is directed against the order and decretal order dated 15.03.2012 passed in I.A. No. 24 of 2013 in O.S. No. 36 of 2012 by the Principal Junior Civil Judge, Kavali.

2. The respondent herein filed the suit for injunction and I.A. No.103 of 2012 for grant of ad interim injunction.The lower Court granted injunction order dated 29.10.2012. Then the respondent herein filed I.A. No. 24 of 2013 seeking police aid. By an order dated 15.03.2013 the lower Court allowed the said petition and ordered police aid to the respondent. Aggrieved by the same, the petitioner filed this petition.

3. The main contention of Sri M. Venkata Narayana, learned counsel for the petitioner, is that the lower Court ought to have considered that no application was filed under Order 39 Rule 2(a) CPC and without resorting to the procedure prescribed under Order 39 Rule 2(a) CPC and without considering the facts and circumstances of the case the lower Court straightaway granted police aid. He has relied on a decision reported in Kanwar Singh Saini v. High Court of Delhi (2012) 4 SCC 307).

4. Sri P. Rajasekhar, learned counsel for the respondent, has referred to the affidavit filed by the respondent he



















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