GANUBONIA VENKATASWARA RAO Vs. PAKALAPATI BASAVAIAH

JUDGEMENT

(1.) HEARD Sri Sitaram chaparla, the learned Counsel representing the revision petitioner and Sri S. Subba Reddy, the learned Counsel representing the 1st respondent.

(2.) THIS Court on 31. 11. 2008 ordered notice before admission and granted interim suspension for a period of four weeks in cmp No. 6280 of 2008.

(3.) SRI Sitaram Chaparla, the learned counsel representing the revision petitioner had taken this Court through the order under challenge in the present civil revision petition and would maintain that this order was made by the learned Principal Junior civil Judge, Tadepalligudem, without application of mind and this being a cryptic order and the same is liable to be set aside on this ground alone. The Counsel also would maintain that the learned Judge failed to consider that there is no existing thorny bush fencing to the north of the plaint schedule property and the same was removed by the 1st respondent's son by name venkateswara Rao on 20. 10. 2007 highhandedly with the help of his henchmen and the said fact was mentioned in the counter of the petitioner filed in injunction petition LA. No. 2451/2007. The Counsel also would maintain that in fact the petitioner had given police report regarding the said incident and the police yielding to the political influence of the 1st respondent - plaintiff did not register the case and hence the petitioner was constrained to file a private complaint against the son of the 1st respondent and others and the same was forwarded to the concerned police and the police on investigation registered a case against them and the same is pending. Thus the Counsel would maintain that in the light of the facts and circumstances the learned Principal Junior Civil Judge, tadepalligudem had not exercised the discretion properly while granting police-aid.