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Showing contexts for: temporary injunction order in Smt Simhadri Padmavathi vs The State Of Ap on 1 July, 2021Matching Fragments
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.
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."