ORDER :

This Civil Revision Petition is filed by the petitioners/defendants under Article 227 of the Constitution of India against the Orders passed by learned Junior Civil Judge, Kalyandurg, in I.A.No.401 of 2014 in O.S.No.50 of 2013, dated 30.12.2014 wherein and whereby the trial Court allowed petition filed by respondent/plaintiff under Section 151 C.P.C seeking police aid for implementation of interim injunction orders passed in I.A.No.144 of 2013, dated 09.07.2013.

2. The case of the respondent/plaintiff before trial Court in brief is that he filed suit for Permanent Injunction against the petitioners/defendants wherein he also filed petition for seeking temporary injunction in I.A.No.144 of 2013 and the same was allowed by the trial Court on 09.07.2013 on merits. He submits that the petitioners/defendants are highhandedly trying to enter into the plaint schedule property inspite of interim injunction orders in his favour, for which, he approached Station House Officer, Kalyandurg Rural Police Station, who refused to entertain his complaint and asked to get specific orders from the Court. Hence, the respondent filed petition seeking for police aid for implementation of interim injunction orders granted by the Court in his favour.

3. The 3rd petitioner/R.3 filed counter before trial Court denying averments in the affidavit of the respondent. It is the contention of the petitioners that the respondent belong to one political party managed revenue officials with political influence obtained copy of cultivation accounts. They also submit that they are law abiding citizens whereas the respondent has political back ground and having unruly elements and threatening them highhandedly. It is the contention of the petitioners that against the orders passed by trial Court granting interim injunction, they preferred appeal due to that pending disposes of appeal petition seeking for police aid is not maintainable. They pray to dismiss the petition.

4. After hearing both sides, learned trial Judge passed orders granting police aid to the respondent directing the Station House Officer, Rural Police Station, Kalyandurg, to provide necessary police aid to the petitioner to implement temporary injunction orders passed in I.A.No.144 of 2013, dated 09.07.2013.

5. Aggrieved by the orders passed by learned Junior Civil Judge, Kalyandurg, the petitioners filed present civil revision petition stating that impugned orders are contrary to law, weight of evidence and probabilities of the case. They submit that grating police aid in a petition filed under Section 151 C.P.C is not tenable as the respondent/plaintiff has to file execution petition under Order XXI, Rule 39, Rule 2A or under Order XXI, Rule 32 of C.P.C not under Section 151 of C.P.C. It is also the contention of the Revision Petitioners that they filed Civil Miscellaneous Appeal against the orders of temporary injunction granted by trial Court with a petition to condone delay of 457 days, which case posted on 20.02.2015 for considering delay condonation petition. They pray to allow the revision petition.

6. I have heard learned counsel for the revision petitioners. He would submit that the respondent/plaintiff instead of filing petition under Order XXXIX, Rule 2A C.P.C if there is any violation of interim injunction orders chosen to file petition seeking police aid under Section 151 C.P.C, which is not tenable under Law. He would further submit that police aid cannot be granted when the petitioners are containing that they are in possession of the plaint schedule property and the petitioners also preferred Civil Miscellaneous Appeal. He prays to allow the civil revision petition.

7. There is no representation for the respondent/plaintiff.

8. Now the issue that emerges for consideration of this Court is:-

“Whether the Order under challenge is sustainable and tenable and whether the same warrants any interference of this court under Section 227 of Constitution of India?”

POINT:-

9. Before going to