T. Gulabchand v. Narayanpet Shafi Ahmed
THE HON'BLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION No.6084 of 2016 ORDER:
Heard Sri K.Sita Ram for petitioner and Sri K.V.Raghuveer for respondent.
Counsel for petitioner as well as respondent submit that C.M.A.No.51 of 2015 on the file of II Additional District Judge, Adoni, was dismissed. The said C.M.A. was filed questioning the temporary injunc tion granted in I.A.No.36 of 2014. The revision petitioner sought police protec tion to enjoy temporary injunc tion granted by the trial court. The trial court through the order impugned in the revision declined to grant police protec tion. The learned trial Judge has written a lengthy order and prima facie it appears that the trial court was pursuaded by two circumstances viz., that granting police protec tion to enjoy the decree granted after full fledged trial is slightly different from considering the prayer for police protec tion vis-à-vis temporary injunction granted. Secondly, assuming that there is a violation of injunction order, the party has remedy under Order XXI Rule 32 CPC. The observations of the trial court are merely referred to show that the approach is contrary to the decisions reported in BIJIG A PA PA RA O A ND O THERS Vs.
JO NNA LA G A DDA SRINIVA SA RA O 1, E.VENKA TA RA M A NA IDU A ND A NO THER Vs. E.RA M A C HA NDRA NA IDU A ND A NO THER2 and A .BHA RA THI A ND O THERS Vs. STA TE O F TELA NG A NA A ND O THERS3. The counsel for respondent submits that in view of dismissal of C.M.A., let the matter be afresh considered by the trial court in accordance with law.
Taking note of the above submissions, the order impugned in the revision is set aside. I.A.No.316 of 2016 is remitted to trial court for passing orders within two weeks from the date of receipt of a copy of this order.
The Civil Revision Petition is allowed and I.A. remitted to trial court. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Dt: 26-04-2017 Note:
Issue C.C. forthwith (B/ o) Prv 1 2015 (2) ALT 63 2 2015 (5) ALT 238 3 2017 (1) ALD 503
THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.6084 of 2016 26-04-2017 Prv