RUDRAPPA LAYAPPA ALIAS HARIJAN KAMBLE Vs. RIYAZ AHAMED

JUDGEMENT

(1.) The petitioner, Mr. Rudrappa, challenged the legality of order dated 21.03.2016 passed by the Principal Civil Judge Vijaypur, whereby the learned Civil Judge directed the Circle Police Inspector, Rural Circle Vijaypur to implement his order dated 03.11.2015 and to give police help to the plaintiff Mr. Riyaz Ahamed.

(2.) Briefly the facts of the case are that Mr.Riyaz Ahamed had filed a civil suit, namely O.S.No.612/2015, against the petitioner, Mr. Rudrappa, and against respondent No. 2, Mr. Hanamant, for permanent injunction. Along with the plaint Mr. Riyaz Ahamed had filed an application under Order 39, Rules 1 and 2 C.P.C. By order dated 03.11.2015, the learned Trial Court had allowed the temporary injunction application and had directed the petitioner not to disturb the plaintiff's peaceful possession. Since the petitioner was aggrieved by the said order, he had filed a Miscellaneous Appeal. However, by order dated 02.01.2016, the Lower Appellate Court dismissed the said appeal, and confirmed the order dated 03.11.2015. Aggrieved by the order dated 02.01. 2016, the petitioner filed a writ petition before this Court. The writ petition is presently pending before this Court.

(3.) Meanwhile, the plaintiff filed an application under Sec. 151 of C.P.C., before the learned Trial Court and prayed for both police protection to his life, and to his property, and prayed that the police be directed to implement the order dated 03.11.2015 passed in his favour. The petitioner filed his objections to the said application. However, by order dated 21.03.2016, the learned Trial Court allowed the said application in the aforementioned terms. Hence, this petition before this Court.