THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.2585 of 2008 17th August 2009 Between: Peta kannaiah Achari, S/o.Subbachari, Hindu, 40 years, Agriculturist, residing at Apalayigunta Village & Post, Vadamalapet (M), Chittoor District. …PETITIONER AND Lekkala Rajasekhar, S/o.Rajendra Naidu, Hindu, 35 years, Cultivation, residing at D.No.15-204, Puttur Town & Mandal, Chittoor District. …RESPONDENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION NO.2585 of 2008 ORDER: The respondent filed O.S.No.152 of 2008 in the Court of the Principal Junior Civil Judge, Puttur, Chittoor District, against the petitioner for the relief of permanent injunction. He has also filed I.A.No.504 of 2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 {CPC} for temporary injunction. Another application filed by the respondent was, I.A.No.505 of 2008 for grant of police aid. The trial Court passed ex parte ad interim order in both the applications, on 16.06.2008. The petitioner feels aggrieved by the order passed in I.A.No.505 of 2008. Heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner and Sri Balaji, learned counsel for the respondent. To the extent of filing of the application by the respondent under order XXXIX Rules 1 and 2 of CPC and the grant of ad interim injunction by the trial Court in his favour, there does not exist any abnormality as such. It is always open for the petitioner to file an application to vacate the ad interim injunction and the Court can pass appropriate orders after hearing both the parties. Filing of the application under Section 151 CPC with a prayer to grant police aid, even before an order of temporary injunction was granted, is something unknown to law. The Code of Civil Procedure, 1908, does not provide for specific relief of grant of police aid. The power under 151 CPC is used in this regard, only where an order of temporary injunction is made absolute, after hearing both the parties and the same has become final either on account of non-filing of the appeal by the aggrieved party, or dismissal of such appeal. Therefore, the Civil Revision Petition is allowed and the order under revision is set aside. However, it is directed that in case the trial Court has made the temporary injunction in I.A.No.504 of 2008 absolute and the same has become final, it shall be open for the respondent to file application for police aid, if he faces interference from the petitioner, despite the order of temporary injunction. As and when such application is filed, it shall be dealt with on its own merits. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 17th August 2009 RRB