IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 18797 of 2007 Between: 1 Moddu Janga Reddy(died Per L.Rs R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 2 Moddu Anji Reddy, S/o. Achireddy, R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 3 Moddu Malla Reddy, S/o.Penta Reddy. R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 4 Moddu Narayana Reddy, S/o.Penta Reddy. R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 5 Moddu Mohan Reddy, S/o.Penta Reddy. R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 6 Moddu Bhupal Reddy, S/o. Narsi Reddy, R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 7 Moddu Yadi Reddy, S/o. Narsi Reddy, R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 8 Moddu Krishna Reddy, S/o. Narsi Reddy, R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist 9 Moddu Achi Reddy, S/o. late Janga Reddy, R/o.Sheriguda (V), Ibrahimpatnam(M), R.R Dist ..... PETITIONERS AND 1 The Deputy Superintendent Of Police, Ibrahimpatnam Mandal, R.R Dist 2 The Station House Officer, Ibrahimpatnam Police Station Mandal, R.R Dist 3 Vedulla Narayana Reddy(died Ler L.Rs.) 4 Vedulla Kistareddy, S/o.Narsi Reddy, R/o.Sheriguda Village, Ibrahimpatnam Mandal, R.R Dist 5 K.Papi Reddy, S/o. Shiva Reddy, R/o.Koheda (V), Hayatnagar Mandal,R.R Dist 6 Vedula Janga Reddy, S/o.Late Narayana Reddy, R/o. Sheriguda (V), Ibrahimpatnam (M), R.R Dist 7 Vedula Raji Reddy, @ Ram Reddy, S/o.Late Narayana Reddy, R/o. Sheriguda (V), Ibrahimpatnam (M), R.R Dist 8 Vedula Srinivasa Reddy. S/o. Late Narayana Reddy, R/o. Sheriguda (V), Ibrahimpatnam (M), R.R Dist .....RESPONDENTS Counsel for the Petitioners : MR. G. SIMHADRI for MR.K.VENKATA REDDY Counsel for Respondents 1 & 2: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to direct respondent Nos.1 and 2 to give necessary protection to the petitioners in terms of order, dated 28.04.2006 passed by the learned Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District in E.A.No.5 of 2005 in E.P.No.12 of 2004 in O.S.No.138 of 1999. Heard Sri G.Simhadri, learned counsel for the petitioners and the learned Assistant Government Pleader for Home. At the hearing, learned counsel for respondent Nos.3 to 8 is not present. No counter affidavits are filed by any of the respondents. It is not in dispute that O.S.No.138 of 1999 filed by the petitioners against respondent Nos.3 to 8 evidently for perpetual injunction was decreed on 23.12.2003. When the said respondents sought to interfere with the petitioners’ possession, they filed E.P.No.12 of 2004 and E.A.No.5 of 2005. The said E.A. was allowed by the said Court by order, dated 28.04.2006 and directed respondent No.2 to give necessary police protection in order to give effect to the decree passed in favour of the petitioners. On the ground that despite the said order passed by the competent civil Court, the police have not been giving protection, this writ petition is filed. The learned Assistant Government Pleader for Home, on instructions, stated that though respondent No.2 was ready to give police protection, in view of non-demarcation of boundaries, they could not give protection. I am not able to countenance this contention. As noted above, the competent Court of civil jurisdiction i.e. Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District passed a judicial order on 28.04.2006 in E.A.No.5 of 2005 in E.P.No.12 of 2004 to grant police aid. If respondent No.2 felt that the said order was not capable of being complied with in view of non-demarcation of the boundaries, he ought to have approached the said Court and sought for clarification. Instead, he has come out with the above-mentioned reason before this Court for the first time. I am not convinced with the said reason in view of his failure to call upon the petitioners to demarcate the boundaries or approach the learned Junior Civil Judge seeking clarification there on. However, in view of the submission made by the learned Assistant Government Pleader that respondent No.2 is prepared to give police protection, the writ petition is disposed of with the direction to him to extend necessary police protection in compliance with order, dated 28.04.2006 passed in E.A.No.5 of 2005 in E.P.No.12 of 2004 on the file of Junior Civil Judge, Ibrahimpatnam, Ranga Reddy District. As a sequel to disposal of main petition, WPMP.No.24154 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 24th APRIL, 2008 kvni