Rule 42 of the A.P. Agency Rules, 1924- The power of the Court below to pass interlocutory orders is traceable to Rule 42 of the A.P. Agency Rules, 1924, and the said power extends to not only making an interlocutory order, but also discharging the same at any time.; police aid by agency court = to provide police protection for implementation of an injunction order without an application being filed for such relief. Further, necessary grounds have to be made out for directing police aid to ensure compliance with an injunction order. Without such grounds being pleaded and proved, the Court below should normally not order police aid for implementing an injunction order.

HON’BLE SRI JUSTICE SANJAY KUMAR

CIVIL REVISION PETITION No.136 of 2013

 

DATED:  01.03.2013

 

Between:

 

Parsika Chinna Satyam @ Satyam and others

 

   ...  Petitioners

 

And

 

 

Mukthi Gopala Krishna Murthy

                                                             …   Respondent

                                      

The Court made the following:

                         HON’BLE SRI JUSTICE SANJAY KUMAR

CIVIL REVISION PETITION No.136 of 2013

ORDER:       

          The defendants in O.S.NO.169 of 2011 on the file of the Special Assistant Agent & Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, are the petitioners.  They are aggrieved by the order dated 19.08.2011 passed by the Court below in I.A.No.146 of 2011 in O.S.No.169 of 2011 granting an interim injunction against them restraining them from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule land.

2. Perusal of the order under revision reflects that it was an ex parte order passed by the Court below upon hearing the counsel for the petitioner/plaintiff alone.  The power of the Court below to pass interlocutory orders is traceable to Rule 42 of the A.P. Agency Rules, 1924, and the said power extends to not only making an interlocutory order, but also discharging the same at any time. 

 It would therefore be appropriate that the defendants in the suit first move the Court below for discharge of the ex parte order instead of approaching this Court by way of a Civil Revision Petition under Article  227 of the Constitution.

3.  Before parting with the matter, this Court is constrained to observe that it would not be appropriate for the Court below to provide police protection for implementation of an injunction order without an application being filed for such relief.  Further, necessary grounds have to be made out for directing police aid to ensure compliance with an injunction order. Without such grounds being pleaded and proved, the Court below should normally not order police aid for implementing an injunction order.  The Court below would therefore be well advised to keep these aspects in mind.

          4.  The Civil Revision Petition is accordingly dismissed leaving it open to the petitioners to move an appropriate application before the Special Assistant Agent & Sub-Divisional Magistrate (Mobile Court), Bhadrachalam, for discharge of the
ex parte injunction granted in I.A.No.146 of 2011 in O.S.No.169 of 2011.  CRP MP No.177 of 2013 shall stand dismissed in the light of this final order. No costs.

_________________

SANJAY KUMAR, J

Date: 1^st March, 2013

Pab/Bsb

HON’BLE SRI JUSTICE SANJAY KUMAR

 

 

 

 

 

 

                   

 

                                   

 

 

 

 

CIVIL REVISION PETITION  No.136 of 2013

                                                                                      

                                           1^st  March, 2013

                             

Pab/Bsb