Kommidi Sanjeeva Reddy v. Kumari U Vani

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON NO.3198 OF 2018

O R D E R

This civil revision petition under Article 227 of the Constitution arises out of the order dated 09.05.2018 passed by the learned I Additional Junior Civil Judge, Ranga Reddy at L.B.Nagar, in I.A.No.624 of 2018 in I.A.No.841 of 2016 in O.S.No.733 of 2016. The petitioners are the defendants in the said suit. The subject I.A. was filed by the plaintiff in the suit, the respondent herein, under Section 151 CPC seeking police protection to enforce the interim order of status quo passed by the trial Court on 28.02.2017. By the order under revision, the trial Court directed the Station House Officer, Medipally Police Station, to give protection to the respondent-plaintiff as and when she requires. By order dated 15.06.2018, this Court granted interim suspension of the order under revision being of the opinion that the question as to whether the trial Court could direct police protection in relation to a status quo order required examination.

Heard Sri K.Ramakrishna, learned counsel representing Sri E.Madan Mohan Rao, learned counsel for the petitioners, and Sri B.V.Anjaneyulu, learned counsel representing Sri C.Raghu, learned counsel for the respondent.

It is not in dispute that no injunction was granted by the trial Court, which could have been enforced with police assistance. An order of status quo would not indicate as to which of the two parties is in possession or what is the status of the suit property. Such an order cannot be sought to be enforced by involving the police. In the event such a status quo order is sought to be violated, it is for the other side to complain to the trial

Court by way of an appropriate application. Without doing so, the respondent herein attempted to involve the police. Surprisingly, the trial Court converted the status quo order into an injunction in favour of the plaintiff by directing the police to give protection to her as and when required.

The order under revision is therefore unsustainable on facts and in law and is accordingly set aside.

The civil revision petition is allowed. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

_______________ SANJAY KUMAR, J 5th OCTOBER, 2018 Svv