JUDGMENT - WAHANE B.U., J.:—Rule was obtained at the instance of the applicants/original defendants and is directed against the order passed by the learned Additional District Judge, Pusad, below Exh. 13 i.e. the application for grant of Police Aid filed by the opposite party i.e. the respondent/applicant under section 151 of the Code of Civil Procedure on 1st of December, 1993.

2. The applicants are the appellants in Misc. Civil Appeal No. 10/93 and also the original defendants in Regular Civil Suit No. 102/93 pending before the 3rd Joint Civil Judge, Jr. Dn., Pusad. The Regular Civil Suit is filed by the respondent/plaintiff for declaration and temporary injunction against the applicant/defendants Smt. Ratnabai w/o Narayanrao Naik and her son Girish s/o Narayanrao Naik, contending that he is the owner of area admeasuring 0.70 Hectares out of Survey No. 1 situated at Mouza Dhansala. Tah. Pusad, Dist. Yavatmal.

The applicant/original defendant Smt. Ratnabai is a stepmother of the respondent/plaintiff Shri Satwarao Naik and the applicant/original defendant No. 2 is the stepbrother of the respondent/plaintiff Satwarao Naik. According to the respondent/plaintiff Shri Satwarao Narayanrao Naik the land in suit had fallen to his share under the partition in the family as early as in the year 1959. It is stated at Bar that the deceased Narayanrao Naik had left huge property behind him and the applicants/original defendants as also the respondent/plaintiff are in possession of the properties left by deceased Narayanrao. It is the specific case of the plaintiff that he is in cultivating possession of the suit land and the applicants/defendants always are trying to disturb his cultivating possession and, therefore, the respondent/plaintiff was constrained to file the Regular Civil Suit No. 102/93 against the applicants/defendants. A separate application under Order 39, Rules 1 and 2 of the Code of Civil Procedure for grant of temporary injunction to restrain the applicants from interfering with his possession over the suit property was filed vide Exh. 7. After hearing the learned Counsel for the parties, considering the documents filed by both the parties to support the rival contentions, the learned trial Court found that the respondent/plaintiff proved his prima facie possession and consequently granted temporary injunction against the applicants/original defendants by its order dated 3rd April, 1993.

2-A. Being aggrieved by the order dated 3rd April, 1993, the applicant/ original defendants have preferred Misc. Civil Appeal No. 10/93 before the learned Additional District Judge, Pusad and the same is pending. The applicants/defendants presented an application under Order 41, Rule 5 of the Code of Civil Procedure to stay the impugned order dated 3rd April, 1993 and the same is also pending.

3. The respondent/original plaintiff specifically contended that he is in cultivating possession of the suit land since long and in view of the order of injunction passed by the learned trial Court on 3rd April, 1993, the applicants/defendants cannot disturb the possession unless the order is vacated by the learned trial Court or got stayed the operation and effect of the order of injunction granted by the learned trial Court on 3rd April, 1993.

The respondent/applicant filed an application under section 151 of the Code of Civil Procedure vide Exh. 13 on 22-10-1993 for Police Aid in order to protect his possession over the disputed suit land. It is specifically stated by the respondent/plaintiff that since before the order was passed on the injunction application by the learned trial Court, the original defendants with their associates used to disturb the possession of the plaintiff and also extended threats to destroy the crops as also to his life. Even after the injunction order was passed on 3rd April, 1993, the applicants/original defendants continued their activities of disturbing the possession of the plaintiff and extending threats to t

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