IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. Siva Sankara Rao, J.
Sama Jana Reddy - Appellants
Vs.
Muppa Narsimha Reddy - Respondent
CRP No. 4737 of 2016
Decided On : 30-12-2016
Constitution of India - Article 226 – Civil Procedure Code - Section 94(e), 151 - Bombay Police Act, 1951 - Sections 64 and 66 - Petition is filed against the impugned order on the file of Junior Civil Judge District - Plaintiff on the file of Junior Civil Judge District which was filed for the relief of permanent prohibitory injunction against the sole defendant restraining him from threatened interference with the plaintiffs possession and enjoyment of the plaint schedule property gts of dry land - During the pendency of suit, the plaintiff filed for grant of temporary injunction and the temporary injunction was granted, on contest - Impugning the same the defendant filed and the lower Appellate Court dismissed the appeal for default - Property of as shown in her gift deed in which the suit land is part and parcel of the plaint/injunction petition schedules as shown by the petitioner/defendant and report the same to the Court - Petition was dismissed Against the dismissal order, the respondent herein filed before this Court - plaintiff filed under Section to grant police aid directing the Station House Officer Police Station to enforce the temporary injunction orders passed by the trial Court in favour of the plaintiff against the defendant by preventing threatened interference despite injunction - Suit land and it is averred in the affidavit of police aid that the defendant is trying to interfere with the plaintiffs possession despite the injunction order is in force in favour of plaintiff and causing obstruction to the work and trying to dispossess when he was claiming the plaint schedule property and he complained the acts of defendant to police who expressed inability saying unless there are Court orders they cannot help, hence to grant police aid – Held, Defendant filed another suit and obtained ex parte ad-interim injunction order no way coming in the way to grant police aid for the police to assist to enforce the Court orders passed in in relation to the said suit property if necessary on cause identify the property of the plaintiff with that of the defendants wife because of their independent claim of the respective properties and for their claim of not one and the same - Court of Senior Civil Judge, Nalgonda to try along with the suit filed by his wife pending on the file of Senior Civil Judge District where the plaintiff in was one of the defendant besides son of the plaintiff No. 2. However, any such step to seek for transfer from any application afresh to file the earlier application for transfer ended in dismissal would no way come in the way by virtue of this present observation even the description of the schedule property in the two suits are not for one and the same property - Revision is allowed.
B. Siva Sankara Rao, J.
1. The civil revision petition is filed against the impugned order dated 25.7.2016 passed in IA No. 372 of 2014 in OS No. 73 of 2012 on the file of Junior Civil Judge at Ramannapet, Nalgonda District. The revision petitioner is the plaintiff in OS No. 73 of 2012 on the file of Junior Civil Judge at Ramannapet, Nalgonda District, which was filed for the relief of permanent prohibitory injunction against the sole defendant restraining him from threatened interference with the plaintiff's possession and enjoyment of the plaint schedule property is S. No. 396/EE of Ac. 013 gts of dry land, situated at Chityal Village and Mandal, Nalgonda District which is bounded by East Land of plaintiff purchased from Sama Savitramma, West: 12" wide donka, North: Hemalatha Reddy and others, South: Cell Tower. During the pendency of suit, the plaintiff filed IA No. 302 of 2012 for grant of temporary injunction and the temporary injunction was granted, on contest, on 14.3.2014. Impugning the same, the defendant filed CMA No. 7 of 2014 and the lower Appellate Court dismissed the appeal for default on 28.9.2015.
2. In the said suit, the respondent herein filed IA No. 479 of 2012 for appointment of Advocate Commissioner to note down the physical features of Sri Krishna Rice and Oil Mill premises and the property of Muppa Bharathi as shown in her gift deed, in which the suit land is part and parcel of the plaint/injunction petition schedules as shown by the petitioner/defendant and report the same to the Court. The said petition was dismissed on 14.3.2014. Against the dismissal order, the respondent herein filed CRP No. 1309 of 2014 before this Court, where it was also ended in dismissal, on contest, on 9.6.2014.
3. It is from the factual background, the plaintiff filed IA No. 372 of 2014 under Section 151 CPC to grant police aid directing the Station House Officer, Chityal Police Station to enforce the temporary injunction orders dated 14.3.2014 in IA No. 302 of 2012 passed by the trial Court in favour of the plaintiff against the defendant by preventing threatened interference despite injunction. The factual background further shows Smt. Muppa Bharathi, no other than wife of Muppa Narasimha Reddy claiming as owner and possessor of the open area of 2174 Sq.yds. in S. No. 369 and defendant under the guise of trying of trespass into the suit land and it is averred in the affidavit of police aid that the defendant is trying to interfere with the plaintiff's possession despite the injunction order is in force in favour of plaintiff and causing obstruction to the work and trying to dispossess when he was claiming the plaint schedule property and on 26.8.2014 he complained the acts of defendant to police, Chityal, who expressed inability saying unless there are Court orders they cannot help, hence to grant police aid.
4. The contest by the defendant in opposing the police aid petition is that while denying ownership and possession of the plaintiff over the suit property and locus standi to file the suit and obtain temporary injunction saying he is the owner and possessor of Sri Krishna Rice and Oil Mill, Chityal presently running as "Muppa Malla Reddy Kalyana Mandapam" in suit S. No. 369 and his wife Muppa Bharathi is owner and possessor of open area to an extent of 2174 Sq.yds., which is on the Western boundary of Sri Krishna Rice and Oil Mill premises and plaintiff is trying to trespass into his land by destroying the fencing and pits in the month of May, 2012, as such defendant lodged the report against plaintiff and the same was covered by Crime No. 98 of 2012, where police filed final report. Muppa Bharathi filed OS No. 234 of 2014 on the file of Senior Civil Judge, Nalgonda and obtained ad interim injunction orders in IA No. 520 of 2014 and the same is in force and the respondent herein filed IA No. 302 of 2012 for appointment of Advocate Commissioner and the same was ended in dismissal. Thereby, the respondent filed CMA No
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