RAJA VENKATESWARLU Vs. MADA VENKATA SUBBAIAH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants approached the Execution Court for execution of a decree for permanent injunction granted in O.S. No. 26 of 2001 on the file of the Junior Civil Judge, Badvel in Andhra Pradesh. It is not in dispute that the decree has attained finality. They sought for police protection in the execution proceedings. However, the application for police protection was filed under Section 151 of the CPC. The Execution Court granted it. The High Court has interfered with the order holding that the application could have been filed only under Order XXI, Rule 3

(3.) We find it difficult to appreciate the stand taken by the High Court. The decree for permanent injunction having become final, the decree holder approached the Execution Court by way of an application for execution (E.A. No. 64/2011 in O.S. No. 26/2001 before the Junior Civil Judge, Badvel). No doubt, Order XXI Rule 32 provides for execution of a decree for injunction and more specifically under sub-rule (5) which reads :-