Mokka Nagamani v. Mattapally Krishna Prasad And 2 Others

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CIVIL REVISION PETITION NO: 2030 OF 2022 Petition under Article 227 of lhe Constitution of lndia, aggrieved by the Order dated.1B.O7.2022 passed 1.A.No.242 ol 2022 in O.S.No.3S of 2015 on the file of the Court of the Principal Junior Civil Judge, at Kodad. Between:

Mokka Nagamani, W/o. Veera Nagulu, Age.33, Occ. Housewife, R/o.Palavaram Village, Nadigudem Mandal, Nalgonda District, presently residing at Kusumanchi Village and Mandal, Khammam District ... Petitio ner AND

1. Mattapally Krishna Prasad, S/o.Venkanna, Age.33 years, Occ.Agricuture, R/o.Palavaram Village, Ananthagiri Mandal, Suryapet District

2. Mattapally Venkanna, S/o.Veeraiah, Age.60 years, Occ. Agricuture, R/o.Palavaram Village, Ananthagiri Mandal , Suryapet District

3. Mattapally Kamalamma, W/o.Venkanna, Age.55 years, Occ.Agricuture, R/o.Palavaram Village, Ananthagiri Mandal , Suryapet District

...Respondents

lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to direct the station house officer, Ananthgiri Police station, Suryapet District in pursuance of by implementing injunction order dated.29lO4l2022 passed by the Senior Civil Judge, at Huzurnagar in CMA No. 9 of 2016 in O.S. No. 35 of 20'15, which setting aside the order dated. 2810412015 passed by the

Junior civil Judge, at Kodad in 1.A.No.190 of 2015 in o.s.No.35 oI 2015 by restraining the respondents and their henchman and claiming through them and interfering with the peaceful possession and enjoyment including agriculture operations of the petitioner over the suit schedule property i.e, the agriculture land admeasuring at extent of 1.36 guntas' Counsel for the Petitioner: SRI V. BRAHMAIAH CHOWDARY Counsel for the Respondents: ------'

The Court made the following: ORDER

CRP No.2030 of 2022 I THE HONOURABLE SRI JUSTICE K.SURENDER CIWL REVISION PETITIoN NO. 2030 0F 2022 ORDER:

This Civil Revision Petition is filed by the petitioner seeking to set aside the docket order dated 78.07.2022 in LA.No.242 of 2022 in O.S.No.35 of 2015 passed by the learned Principal Junior Civil Judge at Kodad.

2.

Heard learned Counsel for the petitioner. Perused the record. 3.

The petitioner herein is plaintiff in the suit filed in O.S.No.35 of 2015 for perpetual injunction. In the said suit the petitioner/plaintiff filed an interlocutory application vide I.A.No. 190 of 2015 seeking temporary injunction which was dismissed by the trial Court and aggrieved by the same she filed CMA No.09 of 2016 before the Senior Civil Judge, Huzurnagar which was allowed and the orders passed by the trial Court in I.A.No.190 of 2015 dated 28.09.2015 was set aside and the Interim injunction was granted in favour of the petitioner herein who is the plaintiff. 4.

The impugned order which was passed in I.A.No.242 of 2022 filed by the petitioner seeking police aid was filed pursuant to the I

CRP No.2030 of 2022 order passed in cMA No.09 of 2016 for execution of the said order. The learned Principal Junior Civil Judge, Kodad by order dated 18.07.2022 in I.A.No.242 of 2022 dismissed the petition filed by the petitioner seeking police aid without assigning any reasons except stating that'the order cannot be granted as of now,. 5.

When an application is filed seeking any relief, the trial Court shall pass a reasoned order either refusing or granting the relief but in the present case the principal Junior Civil Judge has dismissed I.A.No.242 of 2022 without assigning any reasons. In the said circumstances the docket order dated L9.07.2022 in I.A.No.242 of 2022 is set aside and the principal Junior Civil Judge, Kodad shall pass a reasoned order either refusing or granting the relief of police aid.

6.

Accordingly, the Civil Revision petition is disposed off. Miscellaneous applications pending, if any, shall stand closed. SD/.K.AMMAJI ASSISTANT REGISTRAR ,TRUE COPY'

SECTION OFFICER To, . The Principal Junior Civil Judge, at Kodad. . One CC to Sri V. Brahmaiah Chowdary, Advocate IOPUC] . Two CD Copies . One Spare Copy MMK gbr .J}-

HIGH COURT DATED:'16/09/2022 {t srars d} t\\\i lsfl ?$ -i/ -+"',,

ORDER

CRP.No.2030 of 2022 DISPOSING OF THE CIVIL REVISION PETITION \