A C GANGI REDDY Vs. KADAPA MUNICIPALITY

JUDGEMENT

(1.) THE petitioners filed O. S. No. 1066 of 1974 in the Court of Principal Junior civil Judge, Kadapa, against the respondent, for the relief of perpetual injunction. The said suit was decreed on 31. 03. 1979 and it is stated that the decree has become final. The petitioners filed I. A. No. 1813 of 2006, under section 151 of C. P. C. , with a prayer to direct the Station House Officer, II town Police Station, Kadapa, to depute adequate force for implementation of the decree and preservation of the property. The trial Court dismissed the same, through its order, dated 06. 12. 2006. The same is challenged in this civil revision petition.

(2.) SRI S. V. Bhatt, learned counsel for the petitioners submits that the employees of the respondent started interfering with the suit schedule property, though the decree for perpetual injunction is operating. He further submits that the trial Court did not appreciate the matter from the correct perspective and the order under revision is liable to be set aside.

(3.) THE suit filed by the petitioners was decreed way back in the year 1979. Even assuming that the respondent violated the decree for perpetual injunction, the only way, the petitioner could have ensured implementation thereof, was by filing an E. P. under the relevant Rule of Order XXI of C. P. C. , if it was otherwise tenable. The petitioner has chosen to invoke Section 151 C. P. C. , which has absolutely no application for execution of a decree.