BONAKURTHI SANJAY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief:

(2.) It is the case of petitioners that originally Smt.Mallepally Narsamma, was the owner and possessor of property admeasuring Ac.0-31gts in Sy.No.771/E2, situated at Kandi Village and Mandal, Sangareddy. It is further case of the petitioners that when the respondent Nos.5 and 6 herein interfered with the possession of said Mallepally Narsamma, she filed a suit vide O.S.No.55 of 2017 on the file of the Special Judge for trial of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1980-cum-V Additional Sessions Judge, Medak at Sangareddy, seeking perpetual injunction and the said suit was decreed vide judgment and decree dtd. 9/2/2018 granting perpetual injunction restraining the respondent Nos.5 and 6 herein from interfering with the peaceful possession and enjoyment of said Mallepally Narsamma over the subject property. As the respondent Nos.5 and 6 herein did not prefer any appeal, the said judgment and decree has become final. It is further case of the petitioners that they purchased the subject property from said Smt.Mallepally Narsamma and others under registered sale deed dtd. 19/5/2018 bearing document No.18720/2018 and possession was also delivered to them.

(3.) The learned counsel appearing for the petitioners has vehemently contended that even after passing of the judgment and decree dtd. 9/2/2018 in O.S.No.55 of 2017 in favour of Smt.Mallepally Narsamma, vendor of the petitioners, the respondent Nos.5 and 6 are interfering with the possession of the petitioners over the subject property. When the petitioners approached respondent No.4 and sought police aid to safeguard their possession, the police refused the petitioners' request on the premise that there is no police protection order in their favour from the Competent Court.