K SRINIVASA RAO Vs. K HANUMANTHA RAO

JUDGEMENT

(1.) THE first respondent filed O. S. No. 228 of 2001 in the Court of the principal Junior Civil Judge, Gurazala against the second respondent and the petitioners herein for the relief of perpetual injunction in respect of the suit schedule property. The suit was decreed on 15. 04. 2003. Alleging that the petitioners herein are interfering with his possession over the suit schedule property, the first respondent filed E. P. No. 115 of 2004 obviously, under Rule 32 of Order 21 C. P. C. He has also filed E. A. No. 407 of 2004 under Section 151 c. P. C. with a prayer to grant police aid. The petitioner opposed the application on several grounds. The executing Court allowed the E. A. , through the order, dated 25. 10. 2004. Hence, this revision.

(2.) SRI N. Subba Rao, learned counsel for the petitioners, submits that the grant of police aid in the course of execution of a decree for perpetual injunction is unknown to law and it is totally outside the scope of the execution itself. He contends that the executing Court did not take this aspect into account and had straightaway allowed the E. A.

(3.) SRI V. Venugopala Rao, learned counsel for the first respondent, on the other hand, submits that the petitioners started interfering with the possession of the first respondent over the suit schedule property, despite the decree, and police aid was sought to protect the possession.