Civil Courts have the inherent authority to grant police aid for enforcing injunctions when violations are alleged, provided the petitioners are unable to substantiate their claims of possession against a valid injunction order.

ORDER

Heard Sri B.Jagadish, learned counsel for the petitioners and Sri R.Dayakar, learned counsel appearing for respondents.

2. The present Civil Revision Petition is filed challenging the order dated 28.03.2024 passed in I.A.No.150 of 2022 in I.A.No.172 of 2021 in O.S.No.428 of 2021 by the I Additional Junior Civil Judge, at Karimnagar.

3. Respondents/plaintiffs filed a suit vide O.S.No.428 of 2024 against the petitioners herein/defendants for perpetual injunction restraining the petitioners herein from interfering with their possession over the suit schedule property i.e. the land admeasuring Ac.0.12½ guntas in Sy.No.465K belongs to the 1^st plaintiff/1^st respondent herein and the land to the extent of 0.02 ½ gutnas in Sy.No.465M/B and Ac.0.10guntas in Sy.No.465K and in total Ac.0.12½ guntas situated at Mallapur Village shivar of Thimmapur Mandal, Karimnagar District (for short, ‘the subject property’). Along with the said suit, they have also filed I.A.No.172 of 2021 seeking ad-interim injunction. Vide order dated 06.09.2021, learned I Additional Junior Civil Judge at Karimnagar, granted interim injunction in favour of the respondents/plaintiffs against the petitioners herein/defendants restraining the petitioners herein from interfering with the possession of the respondents/plaintiffs over the suit schedule property.

4. It is apt to note that the said order dated 06.10.2021 in I.A.No.172 of 2021 in O.S.No.428 of 2021 is a contest order on consideration of the counter filed by the petitioners herein/defendants herein and on hearing both sides. Feeling aggrieved by the said order, the petitioners herein have preferred an appeal vide CMA (SR) No.78 of 2024. It appears there is delay in preferring the said appeal. Therefore, the petitioners have filed I.A.No.1345 of 2024 to condone the delay in preferring the said appeal and the said Interlocutory Application is still pending.

5. The respondents/plaintiffs filed I.A.No.150 of 2022 in I.A.No.172 of 2021 in O.S.No.428 of 2021 under Section 151 of CPC to grant police aid on the following grounds:-

i. Vide order dated 06.09.2021 in I.A.No.172 of 2021 in O.S.No.428 of 2021 learned I Additional Junior Civil Judge, Karimnagar granted temporary injunction restraining the petitioners herein/defendants from interfering with the possession of the plaintiffs over the suit schedule property.

ii. It is a contest order.

iii. No appeal was preferred challenging the said order.

iv. The petitioners herein/defendants and their parents interfering with the possession of the respondent/plaintiffs over the subject property and disturbing their possession. Therefore, they have lodged a complaint with the Police, LMD Colony, Thimmapur, who in turn, registered a case in Cr.No.15 of 2021. They have also furnished a copy of the aforesaid order to the police. They are not taking action stating that the dispute is civil in nature. v. By taking advantage of the same, the petitioners/defendants and their parents perpetrating their illegal activities against the respondents/plaintiffs by not permitting them to enter into the suit schedule property for cultivation. Therefore, they sought police aid.

6. The said application was opposed by the petitioners herein/defendants contending as follows:-

i.