VADIAKONDA NARENDER Vs. STATIONHOUSE OFFICER P S ATMAKUR

JUDGEMENT

(1.) IN this Writ Petition, the petitioners sought for a writ of Mandamus to declare the inaction of the respondents, in granting police Protection to them to safeguard their rights over the suit schedule property in survey Nos. 826/a and 826/k admeasuring ac. 1-00 gts situated at Atmakur Village and mandal of Warangal District, as illegal and arbitrary.

(2.) THERE is a civil dispute between the petitioners and respondent Nos. 4 and 5. The petitioners, evidently, filed O. S. No. 31 of 2009 for permanent injunction and interlocutory Application No. 45 of 2009 for temporary injunction on the file of the principal Junior Civil Judge, Warangal. A perusal of the record shows that on 07-01-2009, the Principal Junior Civil Judge, warangal, granted ad-interim injunction till appearance of respondent Nos. 3 and 4 (sic. 4 and 5) and adjourned the case to 22-01-2009. Though the petitioners have stated that the said interim order was extended from time to time and the same is subsisting till today, no orders of such extension have been filed. The grievance of the petitioners is that despite the order of ad-interim injunction, respondent Nos. 4 and 5 have been interfering with their possession and respondent Nos. 1 to 3 have failed to protect their possession.

(3.) IN my considered view, the petitioners ought not to have invoked the jurisdiction of this Court straightaway without first approaching the civil Court, which granted the ad-interim injunction, which is, allegedly, being flouted by respondent Nos. 4 and 5.