IMPORTANT POINT
When the defendant breaches a temporary injunction order, the plaintiff is entitled to seek police protection invoking the provision of Section 151 C.P.C.

ORDER :

This revision petition is filed, invoking the provisions of Article 227 of the Constitution of India, aggrieved by the orders dated 22.08.2022 passed by the Additional Junior Civil Judge at Jangaon in I.A.No.784 of 2022 granting police aid for implementation of temporary injunction order dated 16.04.2021 granted in I.A.No.7 of 2021 in O.S.No.8 of 2021.

2. The revision petitioners herein are defendants and the respondent is the plaintiff in O.S.No.8 of 2021. For the sake of convenience the parties herein are referred to as they are arrayed in the suit in O.S.No.8 of 2021 before the Court below.

3. Brief facts of the case:

3.1. Plaintiff filed suit in O.S.No.8 of 2021 on the file of the Additional Junior Civil Judge at Jangaon seeking perpetual injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property. Along with the suit, the plaintiff filed application in I.A.No.7 of 2021 for seeking temporary injunction invoking the provisions of Order XXXIX Rules 1 and 2 of C.P.C. restraining the defendants from interfering with the suit schedule property i.e., agricultural land to an extent of Ac.2.00 gts in Sy.No.486/45 situated at Eeravennu Village of Palakurthy Revenue Mandal, Jangaon District. The Court below after considering the contentions of the respective parties and also documentary evidence on record allowed the application and granted temporary injunction on 16.04.2021. When the defendants are interfering with the suit schedule property, the plaintiff filed application in I.A.No.784 of 2022 for seeking police aid invoking the provision of Section 151 of C.P.C. In the said application, the plaintiff stated that she raised paddy and cotton crop in the suit schedule property and in spite of the interim injunction order is in force, the defendants are interfering with the peaceful possession of the suit schedule property and creating nuisance. She further stated that the defendants came to the above said land on 05.07.2022 and threatened her and her labour by scolding in filthy language and tried to plough the land with the help of tractor and tried to attack her with sticks and rods. At that stage, she approached the Station House Officer, Palakurthy, and gave complaint. The police officials refused to take the complaint and expressed their inability, as the matter is civil in nature. The Court below allowed the said application and granted police aid by its order dated 22.08.2022. Aggrieved by the above said order, the defendants filed the present Civil Revision Petition.

4. Heard Sri M. Rathan Singh, learned counsel, representing Sri Veera Babu Gandu, learned counsel for the petitioners/defendants, and Sri Chalakani Venkat Yadav, learned counsel for the respondent/plaintiff.

5. Learned counsel for the petitioners/defendants vehemently contended that the Court below, without giving opportunity to the defendants for filing counter and contest the application, passed the impugned order and the same is contrary to law. He further contended that as on the date of filing of the said application, the defendants have already filed C.M.A.No.61 of 2022 on the file of the Principal District Judge at Jangaon questioning the temporary injunction granted in I.A.No.784 of 2022. When the said appeal is pending, the Court below ought not to have granted police aid. He further contended that the application filed by the plaintiff seeking police aid under Section 151 of C.P.C. is not maintainable when she is having other remedies.

6. In support his contention, he relied upon the Division Bench judgment of this Court in Polavarapu Nagamani and others v. Parchuri Koteshwara Rao and others, 2010 (2)ALD 41

7. Per contra, learned counsel appearing for the respondent/plaintiff contended that the Court below after considering the contentions of the plaintiff and after following the due procedure as contemplated under law passed the impugned order.

8. Having considered the rival submissio