THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 113 of 2024

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 30.11.2023 passed in I.A.No.310 of 2021 in I.A.No.431 of 2018 in O.S.No.256 of 2022 by the learned Junior Civil Judge, Amangal.

2. Heard both sides. Perused the record.

3. I.A.No.310 of 2021 is filed by the plaintiffs to direct the SHO, Kadthal to give police aid to the plaintiffs to protect his possession and enjoyment over the suit schedule land from the defendants. Aggrieved by the said order, petitioners/defendants preferred the present civil revision petition.

4. Learned counsel for petitioners stated that the order was passed without assigning proper reasons. It is stated that petitioners herein are defendants in O.S.No.256 of 2022. Respondents filed suit for injunction in O.S.No.133 of 2018 restraining the petitioners from interfering with their peaceful possession and enjoyment and I.A.No.431 of 2018 for relief of interim injunction and after filing of the counter, interim injunction was granted and was made absolute on 09.07.2019 and later it was transferred to another Court and it was renumbered as O.S.No.256 of 2022. Petitioners/Defendants filed counter and written statement and without considering the same, police aid was granted. Therefore, requested the Court to set aside the order of the trial Court.

5. Suit is filed for granting permanent injunction restraining the defendants from interfering with the suit schedule property. During the pendency of the suit, I.A.No.310 of 2021 is filed for granting police protection. Admittedly, injunction is granted and it is for the Court to consider the arguments and evidence on both sides, but without assigning the rights of the parties, on merits granted police aid in interim application. It is stated that ad- interim injunction was granted and was made absolute, as such police aid was granted to the plaintiffs. Learned counsel for respondents stated that no reasons are assigned for granting police protection and it is not a speaking order. The trial Court granted injunction in favour of plaintiffs and directed to proceed with the main suit and thus police aid granted in the interim application without assigning any reasons is not proper and is liable to be set aside.

6. In the result, this Civil Revision Petition is allowed by setting aside the order of the trial Court dated 30.11.2023 passed in I.A.No.310 of 2021 in I.A.No.431 of 2018 in O.S.No.256 of 2022.

No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________ P. SREE SUDHA, J Date: 02.04.2025

CHS

3328

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

CIVIL REVISION PETITION No. 113 of 2024

DATE: 02.04.2025

CHS