Point of law: It is not well settled law that only when there is a decree for permanent injunction and only when there is an order of temporary injunction in an interlocutory application which is made absolute after hearing both the parties, then only the Courts usually either the civil Court or the Writ Court, would grant police aid for effective implementation of the said permanent injunction decree or a temporary injunction order which is passed on merits.

ORDER :

Cheekati Manavendranath Roy, J.

1. This writ petition under Article 226 of the Constitution of India, is filed seeking grant of police aid for effective implementation of the ad-interim injunction order passed in I.A. No. 1175 of 2017 in O.S. No. 76 of 2017 on the file of the learned IX Additional District and Sessions Judge, Kovvur, West Godavari District.

2. Heard learned counsel for the petitioners, learned Government Pleader for Home and learned counsel for unofficial respondents.

3. The petitioners claim to be in possession of the land covered by R.S. Nos. 216/2, 222, 230, 229/3, 200, 310, 203/3, 203/1, 359, 403/3, 402/2, 309 of Beemolu Village of Gopalapuram Mandal. It is their case that there is a long history of litigation in respect of the aforesaid lands and the petitioners have fought long legal battle and succeeded in the said litigation and their possession was declared in respect of the said lands by the Honourable Supreme Court in the case of G. Brahmayya and others v. Ala Venkaterao and others, (1990) 2 SCC 283. As there was a threat to their possession in respect of the said lands despite the aforesaid order passed by the Honourable Supreme Court, that they have filed a suit in O.S. No. 76 of 2017 on the file of the learned IX Additional District and Sessions Judge, Kovvur, West Godavari District and obtained ad-interim injunction against the respondents therein in I.A. No. 1175 of 2017. Therefore, it is their case that despite the order passed by the competent civil Court restraining the unofficial respondents herein from interfering with the possession of the petitioners in respect of the said land, that they have been interfering with their possession as there is a standing crop now in the said lands. Therefore, for effective implementation of the ad-interim injunction order that was passed in I.A. No. 1175 of 2017 in O.S. No. 76 of 2017, they sought police aid alleging that the police are not granting police aid to them as there is civil dispute pending between both the parties.

4. The said claim of the petitioners is opposed by the unofficial respondents herein stating that the matter is still pending consideration before the civil Court and the rights of the parties and the possession of the parties in respect of the said land is yet to be determined by the civil Court and as such, no police aid can be granted to the petitioners when the dispute is still pending in the civil Court.

5. Learned Government Pleader for Home would submit that as there is a civil suit pending between both the parties to the litigation and as the dispute is of civil nature, that usually police will not grant any police aid unless there is an order from the Court.

6. A perusal of the record shows that there was a long line of litigation between the petitioners and the un-official respondents in respect of the aforesaid lands and the petitioners fought a long legal battle in this regard. No doubt, as per the Judgment of the Honourable Apex Court in G. Brahmayya and others v. Ala Venkaterao and others' case, 1990 2 SCC 283 (referred supra), the rights of the parties in respect of the said lands are determined. However, the record shows that the petitioners have filed a suit in O.S. No. 76 of 2017 on the file of the learned IX Additional District and Sessions Judge, Kovvur, West Godavari District for permanent injunction against the respondents therein and also filed an Interlocutory Application in I.A. No. 1175 of 2017 for grant of temporary injunction and the Court has initially granted an ex parte ad-interim injunction orders against the respondents restraining them from interfering with the possession of the petitioners in respect of the said lands. However, the said I.A. No. 1175 of 2017 is still pending consideration before the said civil Court and the said ad-interim injunction order is not made absolute after hearing the respondents and after conducting enquiry in the said petition, determining the rights and possession of