THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.694 of 2010 ORDER: Petitioner No.1 purchased an extent of Acs.2.26 cents of land in Survey No.116/2 of Aripirala Village, Nandiwada Mandal, Krishna District from petitioner No.2, through a sale deed, dated 23.01.2008. Respondent Nos.3 and 4 filed O.S.No.75 of 2009 in the Court of the Senior Civil Judge, Gudiwada against the petitioners for the relief of cancellation of the sale deed, dated 23.01.2008, and for perpetual injunction. They have also filed an application for temporary injunction and the same is said to be pending. The petitioners filed Receive and Transmit Petition No.67 of 2010 during Sankranthi Vacation before this Court for the relief of perpetual injunction against respondent Nos.3 and 4 vis-à-vis the same property. This Court ordered the Receive and Transmit Petition and granted an order of temporary injunction for a period of six (6) weeks, through an order, dated 12.01.2010. Petitioners allege that despite the order of temporary injunction granted by this Court, respondent Nos.3 and 4 are interfering with their possession over the land in question. Their grievance is that respondent Nos.1 and 2 are not extending any help in spite of a request being made by them and this writ petition is filed seeking necessary directions. Heard Sri K.Chidambaram, learned counsel for the petitioners, the learned Government Pleader for Home for respondent Nos.1 and 2, and Sri M.S.Ramachandra Rao, learned counsel for respondent Nos.3 and 4. There is a serious dispute in relation to the property referred to above as between the petitioners and respondent Nos.3 and 4. O.S.No.75 of 2009 filed by respondent Nos.3 and 4 is pending in the Court of the Senior Civil Judge, Gudiwada for the relief of cancellation of the sale deed, dated 23.01.2008, and for perpetual injunction. On their part, the petitioners approached this Court during Sankranthi Vacation and filed a suit along with Receive and Transmit Petition. An order of temporary injunction for a period of six weeks was granted by this Court on 12.01.2010. It is brought to the notice of this Court that the papers have not yet been transmitted to the Court concerned. The circumstances under which a writ petition can be filed seeking implementation of an order of temporary injunction was dealt with by this Court in detail in SATYANARAYANA TIWARI v STATION HOUSE OFFICER, P.S.SANTOSH NAGAR, HYDERABAD[1]. This was followed in subsequent decisions. The principle laid down in that judgment is that a writ petition for this purpose can be filed only when (a) an order of temporary injunction is granted by the trial Court and it has become final in the appeal or revision, as the case may be; (b) an application under Section 151 C.P.C. is filed before the trial Court for grant of police-aid and that the order passed therein has become final; and (c) despite such orders, the police did not extend the help. In the instant case, the order passed in favour of the petitioners is that of an ex-parte temporary injunction. It is yet to assume finality. The suit has not even reached the trial Court concerned. Under these circumstances, the request made by the petitioners cannot be acceded to. Both the parties agree that the suit that was presented before this Court can be transmitted to the Court of the Senior Civil Judge, Gudiwada and be heard along with O.S.No.75 of 2009. Hence, the writ petition is disposed of, and the Registry is directed to ensure that the suit presented by the petitioner, through Receive and Transmit Petition No.67 of 2010 is transmitted to the Court of the Senior Civil Judge, Gudiwada within two (2) weeks from today. On receiving the same, the learned Senior Civil Judge, Gudiwada shall club both the suits and take up the interlocutory applications filed therein and pass a common order within one month from the date of receipt of the record. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:19.02.2010. Note: Issue cc in three days. (B/o) kdl [1] AIR 1982 AP 394 (D.B.)