THE HONOURABLE DR.JUSTICE G. RADHA RANI CIVIL REVISION PETITION No.3672 of 2023

O R D E R:

This Civil Revision Petition is filed by the petitioner - respondent -

defendant aggrieved by the order dated 13.10.2023 passed in I.A.No.11 of 2023 in I.A.No.129 of 2022 in O.S.No.554 of 2022 on the file of the Special Judicial Magistrate of First Class (for Prohibition and Excise Offences) - cum - II Additional Junior Civil Judge at Nalgonda.

2. The parties are hereinafter referred as plaintiff and defendant before the trial court.

3. The respondent - plaintiff filed a suit for declaration of title and perpetual injunction in respect of the suit schedule property and filed I.A.No.129 of 2022 seeking ad interim injunction.

4. The learned Junior Civil Judge granted Interim Orders on 21.06.2022 till the appearance of the parties directing the defendant, his agents not to interfere with the possession of the plaintiff over the schedule property. The respondent - plaintiff also filed I.A.No.11 of 2023 seeking police protection Thereafter summons were served on the defendant along with notices in I.A.No.129 of 2022 and I.A.No.11 of 2023 and vakalath was filed for the defendant on 18.08.2023. The matter was posted for written statement of the defendant on 20.09.2023. As no written statement was filed on the said date, the matter was posted to 13.10.2023. On 13.10.2023 I.A.No.11 of 2023 in I.A.No.129 of 2022 was allowed and the matter was posted for the ex-parte evidence.

5. Aggrieved by the said order in allowing I.A.No.11 of 2023 granting police protection in I.A.No.129 of 2022, the defendant preferred this Revision. This Court granted interim suspension of the order in I.A.No.1 of 2023 in the above Civil Revision Petition on 08.12.2023.

6. Heard Sri M.A.K.Mukheed, the learned counsel for the revision petitiioner - defendant and Sri G.Satyanarayana Yadav, the learned counsel for the respondent -

plaintiff.

7. Learned counsel for the petitioner - defendant submitted that notice was served on the petitioner - defendant on 27.07.2023 and thereafter vakalath was filed by the counsel for the defendant on 18.08.2023. Subsequently, written statement and counter were also filed. On 20.09.2023, when the matter was posted for written statement of the defendant, the learned Presiding Officer was on leave. As such, the matter was posted to 13.10.2023 for ex-parte evidence. In fact, no ex- parte order was passed by the Court at any point of time. There was no chance to pass ex-parte order, as the counsel for the defendant appeared and filed written statement and counter. On 13.10.2023, the learned Principal Junior Civil Judge had passed order of police protection in favor of the plaintiff. In fact, no petition was served to the counsel for the petitioner - defendant, but the Court had given a finding that ‘no counter was filed, as such, the same was treated as nil.’ Another finding given by the Court was that on 21.06.2022, I.A.No.129 of 2022 was allowed. In fact, as per A-Diary on that day, the docket order was for issue of summons to the defendant (the petitioner herein). The initial injunction order was granted till the appearance of the defendant only. Once the defendant appeared before the Court, the order of injunction could not be extended, but the Court simply passed the police protection order without any injunction order. The plaintiff with the help of Police was trying to dispossess the defendant. It was well established that police protection could not be granted on an ex-parte injunction order. Moreover, there was no injunction order when the police protection was granted. The same was also granted without giving an opportunity to the revision petitioner - defendant and prayed to allow the Civil Revision Petition by setting aside the order dated 13.10.2023 passed in I.A.No.11 of 2023 in I.A.No.129 of 2022 in O.S.No.554 of 2022 on the file of the Special Judicial Magistrate of First Class (for Prohibition and Excise Offences) - cum - II Additional Ju