LAWS(APH)-2018-10-30

GANGUPANTHULA RANGA RAO Vs. BATHULA LAXMAIAH

Decided On October 22, 2018
Gangupanthula Ranga Rao Appellant
V/S
Bathula Laxmaiah Respondents

JUDGEMENT

(1.) This CRP is filed by the petitioner/plaintiff aggrieved by the order dated 06.02.2018 in I.A.No.391/2016 in I.A.No.78/2016 in O.S.No.53/2016 passed by the learned Junior Civil Judge at Ramannapet, Nalgonda, refusing to grant police-aid to the petitioner/plaintiff pursuant to the ad-interim order dated 21.03.2016 on the ground that order in I.A.No.78/2016 was only an ad-interim injunction and no order on merits was passed yet and thereby the right of either party is not crystallized in the suit property.

(2.) Heard arguments of Sri Karanam Ramesh, learned counsel for petitioner and Sri B.Seshu Kumar, learned counsel for respondents.

(3.) Severely fulminating the order impugned, learned counsel for petitioner would submit that the impugned order is not sustainable in law inasmuch as the Trial Court was under an erroneous opinion that an ad-interim injunction order cannot be implemented and that it is only the final order passed under Order 39 Rule 1 Civil P.C. can be implemented. Relying upon the decision in Syed Sadullah Hussaini and another Vs. Syed Waliullah and another 2017 (1) ALT 553, wherein it was held that Court cannot deny the relief of police-aid for implementation of ad-interim order, learned counsel prayed to allow the CRP.