THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.4689 of 2018

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 to 4 in not providing the assistance to enforce the Civil Court decree passed in O.S.No.44/2002 dt.29-6-2009 on the file of Junior Civil Judge, Parigi, Ranga Reddy District in respect of property admeasuring Ac.2-20gts, in Sy.No.112/A/1, to an extent of Ac.1-00gts., in Sy.No.112/AA/1, totaling to Ac.4-05gts., situated at Chigural Palli Gram Panchayat, Lakhnapur Village, Parigi Mandal, Vikarabad District is illegal, arbitrary and unconstitutional and pass…”

2. Heard Mr. Kunal Kakkal, learned counsel representing Mr. B.Mohan, learned counsel for the petitioner and Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for the respondent Nos.1 to 4.

3. The learned counsel for the petitioner contends that respondent Nos. 2 to 4 have failed to provide necessary assistance to enforce the civil court decree passed in O.S. No. 44 of 2002 by the learned Junior Civil Judge, Parigi, Ranga Reddy District, in respect of the petitioner’s schedule property. Hence, the present writ petition has been filed seeking appropriate directions.

4. The learned Assistant Government Pleader submits that, in the absence of any specific direction from the competent civil court, the respondent-Police authorities cannot extend assistance for enforcement of a civil decree. It is the settled position of law that execution of a judgment and decree must be sought by filing an appropriate petition before the civil court concerned. Therefore, the petitioner’s contention against the respondent-Police authorities for not providing assistance is unfounded. Accordingly, he prays for dismissal of the writ petition.

5. I have perused the material available on record.

6. The petitioner’s grievance is that the respondent-Police authorities are not providing assistance or protection for enforcement of the judgment and decree passed in O.S. No. 44 of 2002 by the learned Junior Civil Judge, Parigi. It is an admitted fact that the petitioner has not filed any execution petition for enforcement of the decree before the competent civil court. The issue as to whether a party can invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India for enforcement of a civil court decree, without approaching the executing court, is no longer res integra.

7. A Division Bench of this Court, in Kabbakula Padma v. State of Telangana [(2023) 1 ALT 765], and also in Mudraboina Odhelu & Others v. State of Telangana & Others [MANU/TL/0359/2023], has categorically held that when a decree is granted by a civil court, the proper remedy for its implementation is to approach the executing court by filing an execution petition. Seeking enforcement of such a decree directly under Article 226 of the Constitution of India, without availing the statutory remedy under the Code of Civil Procedure, is not maintainable.

8. In view of the settled legal position, this Court is of the considered opinion that the present writ petition is not maintainable. However, the rights of the petitioner are reserved to avail appropriate remedies before the executing court, if the cause of action still survives.

9. With the above said direction, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 29.10.2025 Js

4596 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.4689 OF 2018 Dated: 29.10.2025 Js