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High Court for State of TelanganaCRP/5171/2016disposed of no costs

Kosanamdevika, v. P. Rajkumar,

2016-12-15Suresh Kumar Kait5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] THURSDAY THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND SIXTEEN PRESENT Between:

Kosanam Devika & Anr.

...

Petitioners V/s.

P. Rajkumar ...

Respondent Counsel for the Petitioners : Sri GLV Ramana Murthy Counsel for the Respondent : Sri N. Srihari The court made the following : [order follows]

O R D E R :

This Civil Revision Petition is filed by the defendants under Article 227 of the Constitution of India, questioning the order dated 31/08/2016 passed in I.A.No. 19 of 2016 in OS.No. 144 of 2014 by the Principal Junior Civil Judge, Narasaraopet, Guntur district, allowing the application filed by the plaintiff under section 151 of CPC seeking to direct the Station House Officer, Nakarikallu Police Station to give necessary aid in implementing the orders passed in I.A.No. 781 of 2014 by the trial court.

2. Heard the learned counsel appearing on behalf of the petitioners and the learned counsel appearing on behalf of the respondent.

3. Vide the order dated 31/08/2016 passed in I.A.No. 19 of 2016 in OS.No. 144 of 2014 by the Principal Junior Civil Judge, the learned trial Judge granted Police-aid to the respondent/plaintiff in case of threat of dispossession of temporary injunction.

4. On perusal of the impugned order, I do not find any discrepancy. However, the counsel for the petitioners submit that the petitioners/defendants are in possession of the property in question and the respondent/plaintiff with the police aid wants to take away the crop raised by the second petitioner, whereas the counsel for the respondent/plaintiff submits that the respondent is in possession from the date of purchase of the schedule property.

5. Accordingly, the Station House Officer, Nakarikallu Police Station, Guntur district is directed to make arrangement to maintain 'statusquo' by both the parties as possession is concerned, over the suit schedule property situate at Rupenaguntla village D.No. 244/130, admeasuring Ac:2-01 cents out of Ac:4-02 cents, which is within the following bounds: East: Land of Galla Peddanna; South: Land of Kosanam Venkata Satyanarayana Rao; West: Land of Galla Peddanna and others; North: Land of Pulijuggu Sumathi. .

6. In view of the above, the Civil Revision Petition is accordingly disposed of. No costs.

7. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.

____________________________ JUSTICE SURESH KUMAR KAIT.

15/12/2016 I s L * N B : Registry is directed to communicate a copy of this order to the Station House Officer, Nakarikallu Police Station, Guntur district.

Date: 15/12/2016 Circulation No. 181 Court Master: I s L