THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27084 of 2009 DATE:14.12.2009 Between: P. Yugandhara Rao ... Petitioner and The Commissioner of Police, Visakhapatnam Control Room, Visakhapatnam and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27084 of 2009 ORDER: According to the petitioner, he is the absolute owner of open plots bearing Nos.26 and 27 in an extent of 178 square yards sitauted at Madhavadhara, Visakhapatnam Municipal Corporation. While so, when respondents 4 and 5 were interfering with his peaceful possession of the site, he filed a suit in O.S.No.7 of 2009 on the file of the III Additional Junior Civil Judge, Visakhapatnam, against them, for permanent injunction. The court below decreed the suit by judgment dated 10.07.2009 and the decree has become final as no appeal was preferred against it. Inspite of the same, in order to grab the site, respondents 4 and 5 are trying to dispossess him and at their instigation, respondents 2 and 3 are visiting the site and directing him to come to the police station and threatening him with dire consequences. Being aggrieved by the same, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. 3. From a perusal of the decree and judgment dated 10.07.2009 in O.S.No.7 of 2009 on the file of the III Additional Junior Civil Judge, Visakhapatnam, as respondents 4 and 5 herein did not appear before the court below, they were set exparte, and accordingly, an exparte decree was passed against them. When once there is a decree in favour of the petitioner, which may be an exparte decree, in my considered view, respondents 2 and 3 have no business at all to enter into the site and direct the petitioner to come to the police station and ask him to settle the matter with respondents 4 and 5. 4. Accordingly, this writ petition is disposed of directing respondents 2 and 3 not to interfere with the personal liberty of the petitioner, without following due procedure under law. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 14th December, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27084 of 2009 (Disposed of) 14th December, 2009 CBS