P.GOVINDASAMY Vs. KUNDUMANI

JUDGEMENT

(1.) THIS civil revision petition is filed against the order made in R.E.A.No. 19 of 2004 in O.S.No. 1170 of 1980 dated 27.2.2004 wherein and whereby, the Court below has rejected the application filed by the petitioner seeking for police protection so as to enable him to enjoy the suit properties peacefully.

(2.) HEARD Mr. V. Raghavachari, learned counsel appearing for the petitioner and Mr. Vimalkumar, learned counsel appearing for the first respondent.

(3.) IN view of the decision of the Hon'ble Division Bench cited above, I am of view that the stand taken by the Court below in rejecting the application is not sustainable and accordingly, the order of the Court below is liable to be set aside and the same is accordingly set aside. However, since the application came to be filed in the year 2004 by complaining that there was some disturbance by the respondents against the enjoyment of the suit property by the petitioner, he is at liberty to file a fresh application before the Court below if there is any future attempt of prevention by the respondents in enjoying the suit property as per the judgment and decree made in O.S.No.1170 of 1980. If any such application is filed by the petitioner, it is for the Court below to consider the same and pass orders in accordance with law also by taking note of the above said decision of the Division Bench of this Court .