DHANALAKSHMI Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) THE two petitioners herein seek a writ of mandamus for declaring the action of the 1st respondent, namely the Station House Officer, Sathyavedu Police Station, Chittoor District in not registering the complaint lodged by them on 22.08.2013 so far and not taking any action against Respondents 2 and 3 herein, as illegal and bad in law.

(2.) IT appears, there were some disputes between the petitioners on the one hand and the unofficial Respondents 2 and 3 on the other. Civil suit, O.S. No. 66 of 2003 instituted by the petitioners on the file of the Junior Civil Judge's Court at Sathyavedu seeking for a mandatory injunction, has been dismissed by that Court on 06.09.2006. Thereafter, the present petitioners have preferred an Appeal, A.S.No. 4 of 2011 before the Senior Civil Judge's Court at Srikalahasthi, which Court allowed their Appeal on 18.07.2013 and a mandatory injunction has been granted by the Senior Civil Judge, restraining Respondents 2 and 3 herein and their men and agents, from interfering with the plaint schedule properties, over which title was declared in favour of the petitioners herein by the said judgment. On behalf of the unofficial respondents, Sri T. Janardhan Rao, learned counsel, who entered appearance, would submit that a Second Appeal has been preferred to this Court against the judgment rendered by the Senior Civil Judge and the matter is very likely to be heard in a short time from now.

(3.) SRI A. Chandraiah Naidu, learned counsel for the petitioners would submit that the police have not granted any acknowledgment for the complaint lodged by the petitioners and hence, the petitioners are unable to produce the same.