MIRZA MUSTAFA ALI BAIG Vs. SADU JANGA REDDY

JUDGEMENT

(1.) This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.'), is filed by the revision petitioner/decree holder No.2 aggrieved by the order, dated 01.11.2018, passed in E.A.No.32 of 2018 in E.P.No.03 of 2018 in O.S.No.756 of 2005 by the VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, wherein the Executing Court has dismissed the subject Execution Application filed by the revision petitioner/decree holder No.2, under Section 151 C.P.C., seeking to grant police protection by directing the Station House Officer, Kandukur Police Station, to provide police protection to implement the judgment and decree, dated 16.11.2010, passed in O.S.No.756 of 2005 by the VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, in respect of the suit schedule property.

(2.) Heard the learned counsel for both sides and perused the record.

(3.) Learned counsel for the revision petitioner/decree holder No.2 would submit that though there is judgment and decree, dated 16.11.2010, rendered in O.S.No.756 of 2005 by the VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, granting perpetual injunction in favour of the revision petitioner/decree holder No.2 and other decree holders, restraining the respondents/judgment debtor Nos.1 to 3 and other judgment debtors from interfering with the peaceful possession and enjoyment of the revision petitioner/decree holder No.2 and other decree holders over the suit schedule property, the respondents/judgment debtor Nos.1 to 3 are continuing interference. Therefore, the revision petitioner/decree holder No.2 has filed the subject Execution Application seeking police protection. The Executing Court, without there being any justifiable cause, erroneously dismissed the subject Execution Application and ultimately, prayed to grant the relief as sought for in the subject Execution Application.