ORDER :

Plaintiff in the suit filed the above revision against the order dated 01.08.2022 in I.A.No.364 of 2022 in I.A.No.328 of 2020 in O.S.No.135 of 2020 on the file of Principal Junior Civil Judge, Punganur.

2. Suit O.S.No.135 of 2020 was filed by plaintiff against the defendant for perpetual injunction. Along with suit I.A.No.328 of 2020 was filed and the trial Court by order dated 04.01.2022 granted ad-interim injunction in favour of plaintiff. By order dated 4-1-2022, trial court granted temporary injunction.

3. Plaintiff filed I.A.No.364 of 2022 under Section 151 of CPC for grant of police aid in implementing the order of injunction on 07.03.2022.

4. In the affidavit filed in support of the petition it was contended interalia that plaintiff has been in possession and enjoyment of the schedule property; that suit lands are owned and possessed by father of plaintiff; that when the father was in need of money, he borrowed amount from the defendant and executed two sale deeds dated 15.09.2003 and 29.09.2003 as security instead of mortgage; that defendant orally agreed to re-convey the property to the father; that as per oral undertaking made by defendant, he executed sale deed dated 10.01.2007 after receiving balance debt, in respect of suit schedule property including other lands in S.Nos.109/9, 109/12 and 110/4 and delivered possession; that in view of sale deed dated 10.01.2007 executed by defendant in favour of plaintiff, defendant ceased to have any interest over the suit lands; that the revenue authorities also issued pattadar pass book and title deed in the name of plaintiff by updating the revenue records; that after grant of temporary injunction when the plaintiff was carrying on agriculture operations on 08.02.2022, respondent/defendant along with his men beat the plaintiff, his mother and grandmother and caused grievous injuries; that plaintiff lodged a complaint with the police and the same was registered as Crime No.20 of 2022 and Xerox of the F.I.R was annexed to the affidavit and thus, sought for grant of police aid to implement the order of temporary injunction.

5. Defendant/respondent filed counter and opposed the application. While contending interalia, defendant also pleaded that against the grant of temporary injunction, appeal was filed and the same is pending.

6. By order dated 01.08.2022, trial Court dismissed the application. Aggrieved by the same, the above revision is filed.

7. Heard Ms.Ayesha Azma, learned counsel representing Sri V.Nitesh, learned counsel for petitioner and Sri P.Vasu Sekhar, learned counsel for respondent.

8. Learned counsel for petitioner would submit that pursuant to the temporary injunction when the plaintiff is carrying on agricultural operations, defendant beat the plaintiff, his mother and grandmother and the SHO, Ramasamudram Police Station registered case in Crime No.20 of 2022 for the offences under Section 447, 323, 324 r/w 34 of IPC. He would submit that application was filed for grant of police aid to implement the order of injunction, however the trial Court dismissed the same on the ground that petitioner failed to prove that respondent violated or prevented or obstructed enforcement of temporary injunction observing that no material is placed before the Court. He also would submit that, in fact, F.I.R No.20 of 2022 was filed along with affidavit and the trial Court failed to consider the same and thus, prayed to set aside the order of trial Court and to grant police aid to implement temporary injunction.

9. Learned counsel for respondent supported the order of the trial Court.

10. Now, the point for consideration is:

Whether the trial Court failed to exercise jurisdiction vested with it in not granting police aid for implementing the order of temporary injunction granted by it on 04.01.2022 in I.A.No.328 of 2020?

11. When an order of temporary injunction has not been obeyed and when the plaintiff complains that the defendant committed breach of the said order and seeks police