Andhra Pradesh High Court - Amravati
Dulam Venkata Madhuri vs The State Of Ap on 14 August, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.14035 of 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, questioning the inaction of the respondent No. 3 in not providing police aid for implementing the decree for permanent injunction, dated 30-09-2016 passed in O.S.No.439 of 2011 by the Hon'ble I Additional Junior Civil Judge, Kakinada, inspite of the complaint lodged by the petitioner dated 28-07-2020, as illegal, arbitrary and unconstitutional and consequently direct the respondent Nos. 2 & 3 to provide police aid for implementing the permanent injunction order, dated 12-07-2020 passed by the Hon'ble I Additional Junior Civil Judge, Kakinada considering the complaint dated 12-07-2020.
There is no dispute regarding the passing of the decree for permanent injunction, dated 12-07-2020 in O.S.No.439 of 2011 by 1st Additional Junior Civil Judge, Kakinada. But enforcement of the Decree in O.S.No.439 of 2011 dated 30-09-2016 is by filing execution petition under Order XXI Rule 32 C.P.C. by providing police aid is in question.
If, for any reason, the Decree is violated, it is open to this petitioner to approach the civil court by filing appropriate application for execution of the decree. Instead of approaching the Civil Court, the petitioner adopted a shortcut method of approaching this Court by filing a writ petition under Article 226 of the Constitution of India, normally this Court can't exercise power under Article 226 of the Constitution of India, when an equally efficacious remedy is available to the petitioner for executing execution of the decree under Order XXI C.P.C. Therefore, the 2 petitioner is permitted to file appropriate application under Order XXI C.P.C for enforcement/implementation of the decree dated 30-09-2016 passed by the Hon'ble I Additional Junior Civil Judge, Kakinada. The only apprehension of the counsel for the petitioner is that the courts are not entertaining such execution applications except the applications for grant of urgent reliefs. But the implementation of the decree is also an urgent relief, otherwise it may lead to multiplicity of litigation. Therefore, taking into consideration of necessity to implement/enforce the decree, the trial court ie., 1st Additional Junior Civil Judge, Kakinada is directed to entertain the application under Order XXI C.P.C. if any, filed and dispose of the application in accordance with law as per the directions of this Court by video conference or any other permissible mode.
With the above direction, the writ petition is disposed of at the stage of admission with the consent of Sri Kambhampati Ramesh Babu, counsel for the petitioner. No costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Dated 14.08.2020 EPS 3 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.14035 of 2020 Dated 14.08.2020 EPS 4