BANOTHU BADYA Vs. VENKUDOTHU BALAKRISHNA

JUDGEMENT

(1.) This Contempt Case is filed by the petitioner-D.Hr.-plaintiff to punish the respondent No.3 i.e. Sub-Inspector of Police cum SHO, Mattampally Police Station, Mattampally Village & Mandal, Suryapet District, by name, I. Ravi Kumar S/o. I. Veeraiah, under Ss. 10 and 12 of the Contempt of Courts Act, 1971 for willfully disobeying the order dtd. 17/8/2022 passed in E.A. No.1 of 2021 in O.S. No.38 of 2019 by the Junior Civil Judge, Huzurnagar, Suryapet District.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader for Home, representing respondent No.3.

(3.) The learned counsel for the petitioner submitted that the petitioner was the owner and pattedar of the agricultural land to an extent of Acs.2.00 gts., in Sy.No.540/246 situated within the revenue limits of Peddaveedu village of Mattampally Mandal, Suryapet District. The petitioner was aged about 77 years. As the respondent Nos.1 and 2 were interfering with his possession, the petitioner filed O.S. No.38 of 2019 on the file of the Junior Civil Judge, Huzurnagar seeking the relief of permanent injunction against respondent Nos.1 and 2. The respondent Nos.1 and 2 did not contest the suit. The suit was decreed on 5/2/2020 by the trial court restraining respondent Nos.1 and 2 from interfering with the suit schedule property. Even after passing of the judgment and decree by the trial court, the respondent Nos.1 and 2 were interfering with the possession of the petitioner. Hence, the petitioner filed E.P. No.1 of 2021 and also E.A.No.1 of 2021 seeking a direction to the respondent No.3 to provide necessary police aid to implement the decree granted in O.S. No.38 of 2019. The said E.A. No.1 of 2021 was allowed on 17/8/2022. However, the respondent No.3 was not implementing the order of the trial court and was not providing the police aid to protect the property as per the judgment and decree dtd. 5/2/2020 in O.S. No.38 of 2019.