POTHINA SURI BABU Vs. SINDHU SAI RAJU

JUDGEMENT

(1.) Petitioner is the Plaintiff who filed the suit O.S.213/2008 on the file of the II Addl. Senior Civil Judge, Visakhapatnam seeking permanent injunction. I.A.143/2008 was also filed seeking temporary injunction against the Respondents/ Defendants in the said suit. Initially, ex parte temporary injunction was granted and the same was vacated on 03.07.2008 while dismissing I.A.143/2008. Thereafter, the Defendants filed I.A.878/2008 under Section 151 Code of Code of Civil Procedure seeking to grant police aid in their favour in order to protect the suit schedule property from all sorts of encroachment.

(2.) I am of the opinion that the Defendants curiously sought police aid without there being any injunction order in their favour, that too, in a suit filed by the Plaintiff. The Court below erroneously granted police aid in favour of the Defendants which amounts to granting a relief in favour of the Defendants in the Plaintiff's suit. The said application filed by the Defendants as well as the impugned order passed by the Court below is misconceived and without application of mind. In that view of the matter, the impugned order is liable to be set aside and is accordingly set aside.

(3.) The Civil Revision Petition is accordingly allowed with costs.