NEETHA CHINTAWAR Vs. BODUGAM GOPI

JUDGEMENT

(1.) Plaintiff in O.S.No.189 of 2005 on the file of the learned Junior Civil Judge, Adilabad, filed this revision. They filed the suit for the relief of perpetual injunction, against the respondent herein, in respect of the suit schedule property. I.A.No.368 of 2005 was filed underOrder39 Rules 1 and 2C.P.C., for grant of temporary injunction. After issuing notice to the respondent, the trial Court granted temporary injunction in favourof the petitioners on 08-08-2005.

(2.) The petitioners filed I.A. No.413 of 2005 under Section 151 C.P.C. with a prayer to grant police protection, for implementation of the order of temporary injunction. The respondent opposed the application, alleging that there is some dispute as to the boundaries, It was also alleged that the petitioners are trying to grab the land of the respondent, under the guise of the order of temporary injunction. Through its order, dated 31 -08-2005, the trial Court dismissed the LA. Hence, this Civil Revision Petition.

(3.) Sri Pratap Narayan Sanghi, the learned counsel for the petitioners submits that the view taken by the trial Court while dismissing the l.A., cannot be sustained in law. He contends that the trial Court expressed its helplessness, even after taking note of the violation of the order of temporary injunction on the part of the respondent. Sri H, Venugopal, the learned counsel forthe respondent, on the other hand, submits that the petitioners were not in possession of the suit schedule property and they filed I.A.No.413 of 2005, only with a view to grab the property which is in possession and enjoyment of the respondent.