THE HON'BLE MR. JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.91 of 2007 ORDER: The petitioner filed O.S.No.252 of 2005 in the Court of Principal Junior Civil Judge, Nandyal, against the respondents for the relief of perpetual injunction. He has also filed I.A.No.653 of 2005 under Order 39 Rules 1 and 2 C.P.C. The trial Court passed an order of ad interim temporary injunction. Ultimately, the suit was decreed ex parte. At the instance of the respondents, the trial Court has set aside the ex parte decree. However, the order of ad interim injunction granted in I.A.No.653 of 2005 was in tact. Alleging that the respondents are trying to interfere with his possession over the land, despite the order of temporary injunction, the petitioner filed I.A.No.2247 of 2006 under Section 151 C.P.C. for police aid. The trial Court dismissed same. Hence, this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondents. On the ex parte decree passed by the trial Court being set aside, the order of ad interim temporary injunction granted by it in I.A.No.653 of 2005 got restored. Complaining that the respondents are trying to interfere with his possession, the petitioner filed application under Section 151 C.P.C. The only ground on which the trial Court dismissed the application was that the suit itself must be decided on merits and it is not just and proper to give police aid for the implementation of ex parte temporary injunction. The view expressed by the trial Court cannot be countenanced in law. The respondents cannot be permitted to violate the order of temporary injunction on the ground that it was only ad interim in nature. If they feel that there exist any grounds for vacating the same, they have to file an application for that purpose. The mere fact that the respondents did not file an application to vacate the ad interim injunction cannot enable them to flout the orders of temporary injunction. Hence, the civil revision petition is allowed and the order under revision is set aside. The trial Court is directed to examine the application afresh duly taking into account the present situation on the ground. It shall also proceed to decide the suit as early as possible. There shall be no order as to costs. _________ 12.10.2009 Note: Issue C.C. in one week. (B/o) JSU THE HON'BLE MR. JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.91 of 2007 Date: 12.10.2009 JSU