DANEKULA VENKATA LAKSHMI NARASAMMA Vs. MORAMPUDI KRISHNAIAH

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, challenging the order, dtd. 12/1/2023, passed in I.A.No.154 of 2022 in I.A.No.281 of 2014 in O.S.No.385 of 2014, by the Sub-Divisional Magistrate and Special Assistant Agent to Government Mobile Court at Bhadrachalam (for short, 'Agency Court'), whereby, the subject I.A.No.154 of 2022 filed by the petitioner/plaintiff under Order XXXIX Rule 2A of CPC r/w 42(c) of A.P.Agency Rules r/w Sec. 151 of CPC requesting the Court to detain the respondents/defendants in civil prison for disobedience of injunction order, was dismissed.

(2.) Heard Sri S.V.Ramana, learned counsel for the petitioner/plaintiff, Sri Vedula Venkata Ramana, learned senior counsel appearing for Sri D.B.Chaitanya, learned counsel for the respondent Nos.2 and 3/defendants and perused the record.

(3.) O.S.No.385 of 2014 is filed by the petitioner/plaintiff against the respondents/defendants seeking perpetual injunction in respect of the suit schedule property, i.e., land admeasuring Acs.2.01 guntas in Sy.No.26/A of Mandalapalli Village, Dammapeta Mandal of Bhadradri-Kothagudem District. In the said suit, the petitioner/plaintiff filed I.A.No.281 of 2014 for grant of temporary injunction. Ex parte ad-interim injunction order was granted to the petitioner/plaintiff by the Agency Court on 10/11/2014. Subsequently, the respondents/defendants filed counter affidavits and upon hearing both the counsel, the ex parte injunction order was made absolute by the Agency Court on 19/4/2016. Assailing the said order, the respondents/defendants preferred CRP No.2123 of 2016 before this Court and this Court, vide order dtd. 2/9/2016, dismissed the revision. Thereafter, the petitioner/ plaintiff filed I.A.No.181 of 2016 before the Agency Court seeking police protection and the said application was dismissed, vide order dtd. 30/11/2016. Assailing the same, the petitioner/ plaintiff preferred CRP No.190 of 2017 before this Court and this Court, on hearing both sides, initially granted interim direction vide order, dtd. 16/4/2017, in I.A.No.1 of 2017 directing the Station House Officer, Dammapeta Police Station to provide police protection to the petitioner/plaintiff, pending disposal of CRP No.190 of 2017. Subsequently, the said CRP was disposed of finally on 29/11/2021 setting aside the order in I.A.No.181 of 2016, dtd. 30/11/2016, of the Agency Court and remitting the matter to the Agency Court to dispose of I.A.No.181 of 2016 within a period of two months from the date of receipt of a copy of the said order. This Court also gave certain directions to the petitioner/plaintiff to file a better affidavit in I.A .No.181 of 2016. The Agency Court was also directed to take on record the additional documents filed by the petitioner/plaintiff and to give reasonable opportunity to the respondents to file their counter. This Court also directed the Agency Court to take into consideration the judgments of this Court in Gampala Anthaiah Vs. Kasala Venkata Reddy (2014 (2) ALD 281); Satyanarayana Tiwari Vs. SHO, PS Santoshnagar (AIR 1982 AP 394); A. Bharathi Vs. State of Telangana (2017 (1) ALD 503); Sama Jana Reddy @ Jani Vs. Muppa Narsimha Reddy (2017 (2) ALD 584) and Kotak Mahindra Bank Ltd. Vs. Station House Officer, Madhapur PS, Cyberabad, and other judgments, if any, cited by the parties and to pass orders either granting or refusing the police aid to the petitioner/plaintiff. The petitioner/plaintiff was also given opportunity to file an application for granting interim police protection as she had the benefit of interim order passed by this Court right from 16/4/2019.