HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
C.R.P.No.1555 of 2012
4-10-2012
Buyyana Sriramulu
Golla Venkataratnam
<GIST:
>HEAD NOTE:
Counsel for petitioner : Sri V. Jayasree for Sri C. Damodar Reddy
Counsel for respondent : --
ORDER:
This Civil Revision Petition arises out of order dated 16-3-2012 in
E.A.No.767/2012 in E.P.No.54/2012 in O.S.No.4/2009 on the file of the learned
Principal Junior Civil Judge, Kothagudem.
The petitioner suffered a decree for perpetual injunction in the above
mentioned suit filed by the respondent. The respondent filed E.P.No.54/2012 for
execution of the decree. In the said E.P. he has filed E.A.No.767/2012 seeking
the Police aid. The lower Court, by its order dated 16-3-2012, straightaway
gave a direction to the Police to grant necessary aid for implementation of the
decree upto 26-3-2012.
Even though, the period for which the direction was given has expired, I
feel it necessary to observe that the lower Court has committed a serious error
in granting exparte order of the Police aid. When an application for the Police
aid is filed, the Court is bound to issue notice to the other party before
considering grant of such relief in favour of the applicant, for the relief of
the Police aid may some times lead to far reaching consequences. It is
therefore always proper and desirable that whenever applications for the Police
aid are filed, the Courts must, in the first place, invariably issue a notice to
the opposite party and pass appropriate order only after hearing such party. As
this procedure has not been followed by the lower Court, the impugned order
cannot be sustained. At any rate, since the validity of the order under
revision had expired and there does not appear to be a further order extending
the same, it need not be formally set-aside. The lower Court is directed to
hear both the parties and dispose of the E.A. in accordance with law.
Subject to the above direction, the Civil Revision Petition is disposed
of.
As a sequel, CRPMP No.2072 of 2012 is disposed of as infructuous.
________________________
Justice C.V. Nagarjuna Reddy
Date : 4-10-2012
