YOUSUF Vs. SHAIK MADHAR SAHEB

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order of the Principal Junior CivilJudge, Khammam dated 15-4-2002 III LA. No. 1113 of 2001 in LA. No. 1071 of 2001 in O.S. No. 382 of 2001 according police protection to the respondent-plaintiff to safeguard his peaceful possession and enjoyment of the suit schedule property.

(2.) The respondent-plaintiff filed O.S. No. 382 of 2001 on the file of the Principal Junior Civil Judge Khammam for perpetual injunction restraining the petitioners-defendants from interfering with his peaceful possession and enjoyment of the suit schedule property. In that suit, the respondent-plaintiff filed LA. No. 264 of 2001 and obtained interim injunction against the petitioners- defendants. Aggrieved by the same, the petitioners-defendants preferred C.M.A. No. 21 of 2002 before the District Judge, Khammam, which is pending. Pending the suit, the respondent-plaintiff filed LA. No. 1113 of 2001 seeking police protection alleging that the petitioners-defendants are interfering with his possession even though there is an order of interim injunction against the petitioners-defendants. The learned Principal Junior Civil Judge on 15-4-2002, ordered police, protection. Aggrieved by the same, the petitioners-defendants preferred this revision.

(3.) The learned Counsel for the petitioners submits that if any party disobeys the injunction order, the respondent-plaintiff who obtained the interim injunction can invoke the provisions of Order 39, Rule 2A of the Code of Civil Procedure for short 'the Code') instead of resorting to po1ice protection. He further submits that under the guise of police protection, the respondent-plaintiff is threatening the petitioners herein with dire consequences.