NAINA MOHAMED Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The present writ appeal has been filed by the petitioner, Naina Mohamed, against the order made in W.P.(MD) No.16734 of 2018 by the learned single Judge dismissing the writ petition as filed by the petitioner seeking police protection in the course of execution of the decree of the civil Court passed in his favour in O.S.No.64/1984, which was subsequently renumbered as 101/2005, by the Munsif Court, Paramakudi.

(2.) Admittedly, the Execution Petition E.P.No.2 of 2017 is pending in the trial Court and the petitioner also seems to have filed Crl.O.P. (MD) No.16031 of 2017 to quash the proceedings initiated against him under Section 107 of the Code of Criminal Procedure. The present writ petition seems to have been filed in this Court seeking police protection for protection of life and liberty of the petitioner, while he claims his right over the subject property in Survey No.14, Town Survey No.36, Block No.9, Ward G, in Kattuparamakudi, Paramakudi Town, Ramanathapuram District. The learned single Judge, however, turned down the prayer of the petitioner with the following observations:

(3.) The learned counsel for the petitioner, Mr.J.Barathan, urged before us that Order XXI Rule 32 CPC only stipulates that in case of disobedience of the decree and judgment, the Court can put a person in prison, but that would not serve any purpose for the petitioner in any way to get the decree executed and get the relief in the execution proceedings.