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Andhra Pradesh High Court - Amravati

M/S Prime Ventures India Llp vs The State Of A.P., on 23 July, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

                                 1
                                                                CMR, J.
                                                    W.P.No.14229 of 2021




     HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 Writ Petition No.14229 of 2021

ORDER:

This Writ Petition is filed seeking police aid to implement an ad interim injunction order passed in I.A.No.825 of 2018 in O.S.No.113 of 2018 on the file of the Principal Junior Civil Judge, Mangalagiri, Guntur District.

2) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for official respondents 1 to 3.

3) The petitioner is the plaintiff in O.S.No.113 of 2018 on the file of the Principal Junior Civil Judge, Mangalagri, Guntur District. They have obtained an ad interim injunction order in I.A.No.825 of 2018 in the above Suit against respondents 4 to 10 herein. They sought police aid for implementation of the said ad interim injunction order in this Writ Petition.

4) Now the law is very clear that police aid can be granted to implement only temporary injunction order that was passed on merits and a permanent injunction order that was passed by a civil Court. Police aid cannot be granted to implement an ad interim injunction order which is passed ex parte while dispensing with notice to the respondents therein and before it is made absolute on merits. Since the petitioner is seeking police aid for implementation of an ad interim injunction order, the same cannot be ordered in this Writ Petition. 2

CMR, J.

5) This Court held in the case of Rai Naramma v. State of Andhra Pradesh1 at para 7 as follows:

"It is now well settled law that only when there is a decree for permanent injunction and only when there is an order of temporary injunction in an interlocutory application which is made absolute after hearing both the parties, then only the Courts usually either the civil Court or the Writ Court, would grant police aid for effective implementation of the said permanent injunction decree or a temporary injunction order which is passed on merits. But when the ex parte ad-interim injunction is granted without hearing the respondents and when the same is not made absolute granting a temporary injunction order, till the disposal of the suit, on merits, the Courts will not usually order for grant of police aid for implementation of the ex parte ad-interim injunction order. Since it is not an order on merits after hearing both the parties, the Courts would be very slow in granting police aid, till the possession and rights of the parties are determined after enquiry based on evidence."

6) Therefore, the question of granting any police aid to implement such an ad interim injunction order does not arise at all.

7) In the result, the Writ Petition is dismissed. However, since ad interim injunction order in I.A.No.825 of 2018 in O.S.No.113 of 2018 was passed long back in the year 2018, the trial Court i.e. the Principal Junior Civil Judge, Mangalagiri, shall make an endeavour to dispose of the said injunction petition on merits within 30 days from the date of receipt of a copy of this order or from the date on which a copy 1 2021(1) ALT 426 3 CMR, J.

of this order is produced before the Principal Junior Civil Judge, Mangalagiri, by the petitioner, whichever is earlier. No costs.

Consequently, miscellaneous applications, pending if any, shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:23.07.2021.

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