RAJU Vs. RUKMINI W/O VITTHAL PATIL

JUDGEMENT

(1.) The petitioners have challenged an order dtd. 16/4/2025 passed by the learned Addl. Civil Judge and JMFC, Khanapur in O.S. No. 399/2023 by which an application filed for police protection to implement the order of interim injunction was allowed.

(2.) The respondent No.1 filed O.S. No. 399/2023 for perpetual injunction to restrain the defendants from interfering with his peaceful possession and enjoyment of the suit property. The suit property is a residential plot bearing No. 51 TPC No. 1672/48-C-51 measuring 30 ft. x 40 ft. comprised in R.S. No. 93/A/1 situated at Mouli Nagar, Khanapur, Belagavi. An application for interim injunction was filed to restrain the petitioners herein from interfering with her peaceful possession in the suit property.

(3.) The trial Court after considering the contentions urged by both the parties, passed an order of interim injunction dtd. 11/3/2025 and restrained the petitioners from interfering with the peaceful possession of the respondent No.1 over the suit property. This order was challenged by the petitioners in M.A. No. 21/2025 but no order of stay of the interim injunction was granted by the trial Court. The plaintiff therefore filed I.A. No. 3 in O.S. No. 399/2023 seeking protection of the local Police to implement the orders passed under Order 39 Rule 1 and 2 CPC. The trial Court after noticing that its order dtd. 16/4/2025 passed under order 39 Rule 1 and 2 CPC was not stayed allowed the application in terms of the impugned order and directed the local Police to implement the order of interim injunction. Being aggrieved by the said order, the petitioners are before this Court.