THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.5788 OF 2008 Date:20.01.2011 Between: Smt. Kosana Bangaramma .. Petitioner And Smt. Chetla Appayamma and others .. Respondents ORDER: Heard both sides. Petitioner is the plaintiff in O.S.No.13 of 2008 on the file of the Junior Civil Judge, Bhemunipatnam, Visakhapatnam District. She filed the suit for grant of permanent injunction. Pending the suit, she also filed I.A.No.21 of 2008 for grant of temporary injunction restraining the respondents/defendants from interfering with the peaceful possession and enjoyment of the petitioner over the suit schedule property. After hearing counsel for the parties, the said application was allowed through order dated 19.03.2008 granting temporary injunction in favour of the petitioner/plaintiff as prayed for, till the disposal of the main suit. The said injunction order has become final. Thereafter, as there was interference by the respondents/defendants, the petitioner filed I.A.No.298 of 2008 under Section 151 C.P.C., for grant of police aid for implementation of the order dated 19.03.2008. However, the trial Court dismissed the said application on 30.06.2008 on the ground that she has failed to show that the respondents have violated the temporary injunction and are trying to encroach into the suit schedule property. It is also observed that if the petitioner is really in possession of the suit schedule property and the respondents have violated the injunction order, she is at liberty to file a petition under Section 39 Rule 2-A of C.P.C. Admittedly, the trial Court granted temporary injunction, prima facie, on finding that the petitioner was in possession of the property and it was not an ex parte injunction order. Further, the said order has become final. In these circumstances, the observation of the trial Court that if the petitioner is really in possession and the respondents have violated the temporary injunction order, she is at liberty to file a petition under Section 39 Rule 2-A of C.P.C., is not just and proper. Hence, the Civil Revision Petition is allowed and the impugned order is set aside. Consequently, I.A.No.298 of 2008 shall stand allowed. The trial Court is directed to dispose of the suit as early as possible. There shall be no order as to costs. ___________________ V. ESWARAIAH, J Date: 20.01. 2011 KH