Andhra Pradesh High Court - Amravati
Smt Simhadri Padmavathi vs The State Of Ap on 1 July, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
1
CMR, J.
W.P.No.8262 of 2021
HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.8262 of 2021
ORDER:
This Writ Petition is filed seeking police aid to implement the ad interim injunction order passed in I.A.No.589 of 2019 in O.S.No.101 of 2019 on the file of the Junior Civil Judge, Mylavaram.
2) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 & 2 and learned counsel for the 3rd respondent.
3) The petitioner is the plaintiff in O.S.No.101 of 2019 on the file of the Junior Civil Judge, Mylavaram. He has obtained the ad interim injunction order, which is an ex parte injunction order passed in I.A.No.589 of 2019 in the above Suit against the 3rd respondent. He 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 the 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 the ad interim injunction order, the same cannot be ordered in this Writ Petition. 2
CMR, J.
W.P.No.8262 of 2021
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) Further, the record reveals that after the aforesaid ad interim injunction order was passed, as the petitioners are not turning for enquiry in the aforesaid Interlocutory Application, that on 10.02.2020 while observing that the parties are not showing any interest in the petition and as the Suit is coming for framing issues, the trial Court has closed the said petition in I.A.No.589 of 2019. So, it clearly indicates that even the said ad interim injunction order is also not in force at present. Therefore, the question of granting any police aid to implement such an ad interim injunction order does not arise at all. 1 2021(1) ALT 426 3 CMR, J.
W.P.No.8262 of 2021
7. In the result, the Writ Petition is dismissed. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:01.07.2021.
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