HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.9943 of 2009 Date : 21-7-2011 Between : Mohd. Abdul Raheem .. Petitioner And The State of Andhra Pradesh, Represented by its Secretary (Home, Law & Order), Hyderabad and others .. Respondents Counsel for petitioner : None appeared Counsel for respondent Nos.1 to 3 : Assistant Government Pleader for Home Counsel for respondent Nos.4 to 6 : None appeared The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the police in not extending the aid for enforcing interim order dated 15-4-2009 in I.A.No.486/2009 in O.S.No.1674/2008 on the file of the learned V Senior Civil Judge, City Civil Court, Hyderabad, as illegal and arbitrary.. At the hearing, there is no representation for the petitioners. I have heard the learned Assistant Government Pleader for Home, appearing for respondent Nos.1 to 3. The petitioners filed O.S.No.1674/2008 in the court of the learned V Senior Civil Judge, City Civil Court, Hyderabad for partition and separate possession of house bearing municipal door No.10-5-371/A, Ahmed Nagar, First Lancer, Hyderabad. They also filed I.A.No.486/2009 under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908, for injunction against respondent Nos.4 to 6. It is the pleaded case of the petitioners that by order dated 15-4- 2009, the learned V Senior Civil Judge granted an order of status quo and posted the case to 29-4-2009 and that in view of summer vacation the said application was posted to 9-6-2009. The petitioners alleged that taking advantage of the summer vacation for the court, respondent Nos.4 to 6 are seeking to change the nature and character of the land by making constructions thereon. The petitioners further averred that on 30-4-2009, they have approached the Inspector of Police, Banjara Hills for taking action against respondent Nos.4 to 6 for violating the interim orders and that as no action was taken thereon, the petitioners are stated to have approached the Vacation Civil Court by filing an application along with another application for taking up the same out-of-turn and that the learned Judge has declined to receive and entertain the application in view of pendency of the suit and posted the case on 9-6-2009. This court in Vadlakonda Narender Vs. Station House Officer[1] after considering the case law relating to grant of police aid for implementation of orders and decrees of the competent civil courts, held that the aggrieved party is required to first approach the court which has granted such an order or decree seeking police aid for due implementation thereof and that it is only in the event of failing to get the relief from the court of the first instance that he can approach this court under Article 226 of the Constitution of India. On the petitioners’ own showing, they have moved the Vacation Civil Court for passing appropriate order for granting police aid and that the Civil Court while declining to receive and entertain the application posted the case to 9-6-2009. At the hearing, due to the absence of the learned counsel for the petitioners, it is not known whether the application filed by the petitioners for police aid was disposed of by the Civil Court or not. In the light of the above facts, the Writ Petition is disposed of with liberty to the petitioners to pursue the application said to have been filed before the Civil Court for grant of police aid. If such an application has already been disposed of and if the petitioners feel aggrieved by any order passed therein, they shall be free to move this court by filing a fresh Writ Petition. As a sequel, WPMP No.12886/2009 is disposed of as infructuous. _________________________ Justice C.V. Nagarjuna Reddy Date : 21-7-2011 AM [1] 2009(5) ALT 426