AL FATHIMA MUNAVERA Vs. S KANDASAMY

JUDGEMENT

(1.) The petitioners are the plaintiffs in O.S.No.461 of 2002 on the file of the Principal District Munsif, Tirunelveli. The suit was decreed on 01.10.2002 granting the relief of permanent injunction against the respondent/defendant from interfering with the possession and enjoyment of the suit property. The petitioners/plaintiffs made arrangements to construct a compound wall in the suit property, but the same was effectively prevented by the men of the respondent/defendant. Therefore, the petitioners/plaintiffs filed a complaint before the police, but the police did not come to their rescue. Therefore, the petitioner filed an application E.A.No.886 of 2002 before the learned District Munsif, Tirunelveli to give a direction to the Police to give protection at the time of construction of the compound wall. The learned Principal District Munsif dismissed the same on the ground that such police protection can be granted only in case of execution of decree of mandatory injunction or specific relief. Aggrieved over the said order, the plaintiffs have filed this revision.

(2.) In spite of notice, the respondent did not turn up.

(3.) The learned Counsel appearing for the petitioner wound contend that the suit O.S.No.461 of 2002 was decreed on 01.10.2002 against the respondent restraining him from interfering with the possesosion and enjoyment of the suit property by the petitioner/plaintiff, but when the petitioners/plaintiffs went to construct a compound wall, the respondent/defendant prevented them effectively. Therefore, the petitioners/plaintiffs approached the local police, who were reluctant to interfere with the dispute. Thereafter, the petitioners/plaintiffs filed I.A.No.886 of 2002 praying the court to give a direction to police to give protection. Of course, in that application, the petitioners/plaintiffs have not mentioned the number of days for which police protection is sought for. In the grounds of revision, they have stated that police protection for ten days is sufficient to complete the construction of the compound wall.