IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.25145 OF 2008 DATED:06.09.2010 Between: Ashok Kumar Tewari … Petitioner And The Assistant Commissioner of Police South Zone, Charminar, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.25145 OF 2008 ORDER: This writ petition is filed seeking a Mandamus to declare that respondents 1 and 2 have no right whatsoever to dispossess the petitioner from the possession and enjoyment of the property, admeasuring 6823 sq. yards under House No.21-4-341 to 349 situated at Donger Singh Tabela, Char Mahal, Hyderabad, which is involved in the civil dispute pending between the petitioner and third respondent, etc. According to the petitioner, he is the owner and possessor of the above said property. The property is an ancestral property of petitioner’s grand-father, Pandit Hari Dayal. After death of Pandit Hari Dayal in the year 1963, the property was devolved on the petitioner through his grand-father and father and since then the petitioner and his family members are in actual and physical possession and enjoyment of the same. Meanwhile, as some third parties are interfering with the possession and enjoyment of the property, the petitioner filed suit in O.S. No.1763 of 2002 before the learned VII Junior Civil Judge, City Civil Court, Hyderabad, seeking perpetual injunction. The learned Junior Civil Judge, by judgment and decree dated 15-6-2005, decreed the suit as prayed for. The defendants therein have not filed any appeal against the said judgment and it has attained finality. While that being so, in the year 2004 third respondent herein filed a suit in O.S. No.1419 of 2004 before the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, seeking perpetual injunction restraining the petitioner herein from interfering with the construction work of third respondent herein. It is the case of third respondent that he purchased a part of the subject property admeasuring 188 sq. yards from the legal heirs of late one Naresh Kumar. In the said suit, the third respondent filed I.A. No.287 of 2004 seeking interim injunction against the petitioner not to interfere with the construction work of third respondent. The said I.A. was allowed. Aggrieved by the same, the petitioner herein filed C.M.A. No.274 of 2004 before the Court of IX Additional Chief Judge, City Civil Court, Hyderabad, and the same was dismissed. It is stated that the petitioner is taking steps to prefer a revision before this Court. While the matter stood thus, the third respondent filed another application I.A. No.1028 of 2008 seeking Police protection for implementation of the order passed in I.A. No.287 of 2004 in O.S. No.1419 of 2004 on the file of the learned VIII Junior Civil Judge, City Civil Court, Hyderabad, and the said application was allowed. After the order was passed in the I.A., according to the petitioner, the third respondent with the help of Police is trying to interfere with the possession and enjoyment of property of the petitioner. The writ petition is misconceived. Once the competent Civil Court has granted injunction and ordered police protection in the suit filed by third respondent, the petitioner has to workout his remedies as available under law and he cannot make grievance before this Court that third respondent and police are trying to interfere with his peaceful possession and enjoyment of the property. This is a matter to be adjudicated upon by the competent Civil Court after gathering the facts. The writ petition as such is not maintainable. The Writ Petition is accordingly dismissed. No costs. _______________________ (C.V. RAMULU, J) 06.09.2009. bnr