LAWS(APH)-2022-11-93

Y. C. YELLAPPA Vs. Y. CHANDRA SEKHAR

Decided On November 15, 2022
Y. C. Yellappa Appellant
V/S
Y. Chandra Sekhar Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners/defendants under Article 227 of the Constitution of India against the Orders passed by learned Junior Civil Judge, Kalyandurg, in I.A.No.401 of 2014 in O.S.No.50 of 2013, dtd. 30/12/2014 wherein and whereby the trial Court allowed petition filed by respondent/plaintiff under Sec. 151 C.P.C seeking police aid for implementation of interim injunction orders passed in I.A.No.144 of 2013, dtd. 9/7/2013.

(2.) The case of the respondent/plaintiff before trial Court in brief is that he filed suit for Permanent Injunction against the petitioners/defendants wherein he also filed petition for seeking temporary injunction in I.A.No.144 of 2013 and the same was allowed by the trial Court on 9/7/2013 on merits. He submits that the petitioners/defendants are highhandedly trying to enter into the plaint schedule property inspite of interim injunction orders in his favour, for which, he approached Station House Officer, Kalyandurg Rural Police Station, who refused to entertain his complaint and asked to get specific orders from the Court. Hence, the respondent filed petition seeking for police aid for implementation of interim injunction orders granted by the Court in his favour.

(3.) The 3rd petitioner/R.3 filed counter before trial Court denying averments in the affidavit of the respondent. It is the contention of the petitioners that the respondent belong to one political party managed revenue officials with political influence obtained copy of cultivation accounts. They also submit that they are law abiding citizens whereas the respondent has political back ground and having unruly elements and threatening them highhandedly. It is the contention of the petitioners that against the orders passed by trial Court granting interim injunction, they preferred appeal due to that pending disposes of appeal petition seeking for police aid is not maintainable. They pray to dismiss the petition.