P.VENKATRAMA REDDY
P. Shanker Rao – Appellant
Versus
Smt. B. Susheela – Respondent
( 1 ) THIS C. R. P. is filed against an order granting police aid for implementation of the temporary injunction granted by the trial Court pending the suit for perpetual injunction. By the interim injunction the petitioner herein was restrained from evicting the plaintiff-respondent from the suit schedule property. The petitioner in this revision is the defendant in the suit.
( 2 ) THE learned trial Judge relied on the decision of this Court in Vinedale Distilleries Ltd. v. Sanman Distributors Ltd. , (1993) 2 APLJ (SN) 5 in support of the proposition that the Court is empowered to direct police aid to ensure implementation of the injunction order. The learned counsel for the petitioner however relies on the decision in J. Jagannath Reddy v. L. Laxmi Devi, (1998) 1 ALT 461 : (1998 0 AIHC 3639 ). The learned Judge was of the view that Section 151, C. P. C. cannot be invoked to seek police aid for protection of alleged possession pending the suit. The learned Judge observed as follows :"if there is an order in the nature of injunction positively to protect the possession of a party to the case which if becomes executable can be dealt with in accordance with la
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