##PAGE1##

2025:APHC:57425

APHC010713882025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3311]

(Special Original Jurisdiction)

Tuesday, the Thirtieth day of December

Two Thousand and Five

Present

The Honourable Ms. Justice B.S.Bhanumathi

Civil Revision Petition No: 3794 of 2025

Between:

P. Jaya Kumar ...Petitioner

and

R Janardhana and others ...Respondents

Counsel for the petitioner:

1. P. Madhukar Reddy

Counsel for the respondents:

Nil

The Court made the following:

2

C.R.P.No.3794 of 20220525 :APHC:57425

ORDER:

This civil revision petition is filed under Article 227 of the

Constitution of India aggrieved for not passing any order in I.A.No.438

of 2025 in I.A.No.241 of 2025 in O.S.No.117 of 2025 on the file of the

Court of Additional Civil Judge (Senior Division), Anantapuramu, filed by

the revision petitioner / plaintiff seeking police aid for enforcement of ad

interim injunction order dated 13.08.2025 passed by the same Court.

2. It is the grievance of the petitioner that in spite of ad interim

injunction in his favour, he is unable to harvest the red gram crop sown

by him and the crop is ripe for harvesting and that in spite of the

urgency pleaded by the petitioner, the matter has been adjourned by

the trial Court to 23.01.2026, by which date, the relief becomes

ineffective.

3. The learned counsel for the petitioner referred the decision of the

High Court of Madras in S. Kalimuthu Vs. S. Arumugam, 1998 (III) CTC 579, wherein at

paragraphs Nos. 15 and 16 it is held as follows:

“15. Before proceeding further with the discussions, it would be

useful to refer to the Division Bench Judgment of this Court

reported in Sri-la-Sri Sivasubramanya Ananda Swami v. Sri-la-

Sri Arunachalasamy Chidambaram and Another, 1993 (1) MLJ

274, wherein the Division Bench had occasion to consider the

issue relating to the issue of direction to the police under Section

151 to extend their aid in the execution of the decrees or orders or

implementation of orders of injunction passed by Civil Court.

Somasundaram, J speaking for the Division Bench, after analysing

the entire case law, held thus:

‘We must bear in mind that when an order of temporary

injunction is granted by the Court under O.39, Rule 1 of the Code

3

C.R.P.No.3794 of 20220525 :APHC:57425

or when a decree for permanent injunction is passed by the Civil

Court, it involves the following three stages:

The first stage is the issue of an order of temporary injunction or

passing of a decree for permanent injunction. When a petition

under O.39, Rule 1 of the Code is filed by a party, the court being

satisfied that the conditions prescribed under O.39, Rule 1 of the

Code are satisfied, may issue an order of temporary injunction in

favour of the party, who has applied for the same. Similarly, the

court after full trial of a suit and upon the merits of the case, may

pass a decree for permanent injunction in favour of a party.

There is specific provision in the Code namely O.39 Rule 1

dealing with the grant of the order of temporary injunction. Sec.

38 of the Specific Relief Act deals with the circumstances under

which a decree for perpetual injunction can be passed by the

courts.

The second stage is the implementation of the order of

temporary injunction or decree granting perpetual injunction.

There is no specific provision under the Code dealing with the

implementation of the order of temporary injunction or a decree

for perpetual injunction.

The third stage is the punishment for disobedience of the order

of injunction. O.39 Rule 2-A of the Code deals with the

consequences of disobedience or breach of injunction or other

orders made under O.39, Rule 1 of the Code. 0.21, Rule 32 of

the Code says that where a party against whom a decree for

injunction has been passed, has had an opportunity of obeying

the decree but has wilfully failed to obey it, the decree for

injunction may be enforced by his detention in civil prison or by

the attachment of his property or by both. Thus the Code

contains specific provision with regard to the grant of an order of