LAWS(APH)-2013-9-93

YARLAGUNTA BHASKAR RAO Vs. BOMMAJI DANAM

Decided On September 26, 2013
Yarlagunta Bhaskar Rao Appellant
V/S
Bommaji Danam Respondents

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution of India is filed challenging the order dt.03-9-2012 in I.A. No. 150 of 2011 in I.A. No. 119 of 2010 in O.S. No. 31 of 2010 on the file of the Court of Junior Civil Judge, Sathupally, Khammam District. Heard the counsel for the petitioner at the stage of admission.

(2.) The petitioners are defendants in the said suit. The suit was filed by the respondents restraining the petitioners-defendants from interfering with their alleged possession and enjoyment of the plaint schedule property and costs. The court below in I.A. No. 119 of 2010 granted ad-interim injunction order in favour of the respondents on 09-4-2010.

(3.) The respondents filed I.A. No. 150/2011 against petitioners seeking police aid alleging that petitioner Nos. 1 and 3 were set ex-parte in the suit; that they had not filed written statement; and petitioners 2 and 4 are contesting the suit; that inspite of the ad-interim injunction order dt.09-4-2010, the petitioners and their family members were interfering with the peaceful possession and enjoyment of the respondents-plaintiffs in respect of the plaint schedule property; that on 20-5-2011 and 09-6-2011, they trespassed into the land along with coolies, cut barbed wire fencing, broke certain pillars and threatened the respondents with dire consequences; and that they also tried to plough the plaint schedule property, while abusing the respondents. The respondents sought directions to the Station House Officer, Police Station Dammapeta to give police-aid for implementation of the court orders.