Shaik Chand Basha vs The State Of Andhra Pradesh on 16 March, 2026

    0
    68
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Shaik Chand Basha vs The State Of Andhra Pradesh on 16 March, 2026

    APHC010437482025
                         IN THE HIGH COURT OF ANDHRA PRADESH
                                       AT AMARAVATI                 [3521]
                                (Special Original Jurisdiction)
    
                       MONDAY,THE SIXTEENTH DAY OF MARCH
                         TWO THOUSAND AND TWENTY SIX
    
                                    PRESENT
    
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
    
                           WRIT PETITION NO: 22212/2025
    
    Between:
    
      1. SHAIK CHAND BASHA, S/O.SHAIK MABU SAB, AGED ABOUT 64
         YEARS, OCC CULTIVATION, R/O.REDDYVARIPALLI VILLAGE AND
         POST, KASPA, T.SUNDUPALLIMANDAL, ANNAMAYYA DISTRICT.
    
      2. SHAIK SHAMEEM,, W/O.CHAND BASHA, AGED ABOUT 54 YEARS,
         OCC HOUSEWIFE, R/O.REDDYVARIPALLI VILLAGE AND POST,
         KASPA, T.SUNDUPALLIMANDAL, ANNAMAYYA DISTRICT.
    
                                                          ...PETITIONER(S)
    
                                       AND
    
      1. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL
         SECRETARY,     HOME DEPARTMENT, A.P. SECRETARIAT,
         VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
    
      2. THE SUPERINTENDENT OF POLICE, RAYACHOTY, ANNAMAYYA
         DISTRICT.
    
      3. THE DEPUTY SUPERINTENDENT            OF POLICE, RAYACHOTY,
         ANNAMAYYA DISTRICT.
    
      4. THE CIRCLE INSPECTOR OF POLICE, RAYACHOTY RURAL
         POLICE STATION, ANNAMAYYA DISTRICT.
    
      5. THE SUBINSPECTOR OF POLICE,              T.SUNDUPALLI    POLICE
         STATION, ANNAMAYYA DISTRICT.
    
      6. SOMALRAJU ESWARAMMA, W/O.RAMA RAJU, AGED ABOUT 58
         YEARS, R/O.ETIGADDARACHAPALLI,T.SUNDUPALLI VILLAGE AND
                                               2
                                                                                   Dr. YLR, J
                                                                       W.P.No.22212 of 2025
                                                                           Dated 16.03.2026
          MANDAL, YSR KADAPA DSITRICT.
    
         7. SHAIK FARIDABI, W/O. SHAIK KHADAR VALI, AGED ABOUT 46
            YEARS, R/O.T.SUNDUPALLI VILLAGE POST AND MANDAL, YSR
            KADAPA DISTRICT.
    
                                                                  ...RESPONDENT(S):
    
    Counsel for the Petitioner(S):
    
         SHAIK ALTAF
    
    Counsel for the Respondent(S):
    
         1. GP FOR HOME
    
         2. PHANI TEJA CHERUVU
    
    The Court made the following:
    
    ORDER:

    The Writ Petition has been filed under Article 226 of the Constitution

    of India seeking the following relief:-

    SPONSORED

    “…to issue a Wirt of Mandamus or any other appropriate Writ or
    Order or Direction declaring the order dated 02 06 2024 passed by
    the 5th respondent as illegal arbitrary unconstitutional and
    consequently direct the 5th respondent to grant Police Aid for
    effective implementation of the decrees passed by the learned
    Principal Junior Civil Judge Rayachoty in O S No 17 of 2012 and O S
    No 16 of 2013 by setting aside the order dated 02 06 2024 passed by
    the 5th respondent and pass ….”

    2. Heard the learned counsel for the petitioners and the learned Assistant

    Government Pleader.

    3. Mr. Shaik Khader Mastan, the learned counsel, representing Mr. Shaik

    Altaf, the learned counsel for the petitioner submits that, in spite of there being

    an ex-parte permanent injunction granted in O.S.No.17 of 2012 on 31.10.2013

    by the learned Principal Junior Civil Judge, Rayachoty, Respondent Nos.6 and
    3
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    7 have been interfering with the peaceful possession and enjoyment of the

    property. Respondent Nos.6 and 7 have purposefully not joined the trial in the

    above-mentioned suit. The learned counsel for the petitioner relied on several

    judgments of this Court as well as the Hon’ble Apex Court, contending that the

    petitioners are entitled for grant of police protection, inasmuch as the police

    are not granting any aid for effective implementation of the decree passed by

    the competent Civil Court.

    4. On the other hand, Mr.C.Phani Teja, the learned counsel for

    Respondent Nos.6 and 7, submits that the unofficial respondents have filed

    two suits against the petitioners for the relief of permanent injunction

    restraining them from interfering with the peaceful possession and enjoyment

    of the property. The learned counsel for Respondent Nos.6 and 7 further

    submits that the lifespan of the ex-parte permanent injunction would be only

    12 years as per Article 64 of the Limitation Act, 1963 and since the two suits

    are pending against the petitioners at the behest of the unofficial respondents,

    the petitioners are bound to contest those suits and see that the suits are

    brought to their logical conclusion in accordance with law.

    5. Similarly, Mr. P. Ajay Babu, learned Assistant Government Pleader, on

    written instructions, submits that there are Civil suits pending between the

    petitioners and the unofficial respondents. Respondent Nos.3to 5 would follow

    the orders of the Civil Court or this Court. Undeniably, the petitioners have

    instituted a suit in O.S.No.17 of 2012 for the relief of permanent injunction.

    The suit in O.S.No.17 of 2012 was instituted by one Shaik Jaharabi, mother of
    4
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    Petitioner No.1. She got an ex-parte permanent injunction restraining

    Respondent Nos.6 and 7 from ever interfering with the peaceful possession

    and enjoyment of the property by the mother of Petitioner No.1.

    6. For the contention of learned counsel for Respondent Nos.6 and 7 that

    the limitation for enforcing the ex-parte permanent injunction has expired, the

    learned counsel for the petitioners would submit that the limitation would start

    from the day when the unofficial respondents allegedly interfere with the

    peaceful possession and enjoyment of the property of the petitioners. The suit

    in O.S. No.17 of 2012 was decreed at the behest of the mother of Petitioner

    No.1.

    7. As seen from the record, Respondent No.6 has instituted a suit in O.S.

    No.132 of 2024 on the file of the learned Principal Junior Civil Judge,

    Rayachoty, for the grant of permanent injunction against the petitioners and

    one Shaik Soniya. Similarly, Respondent No.7 has also instituted a suit in

    O.S. No.133 of 2024 against the petitioners and one Shaik Soniya for similar

    relief. It appears that no injunction, let alone an ex-parte or temporary

    injunction, has been granted by any of the courts in favour of the unofficial

    respondents.

    8. The learned counsel for the petitioner has relied on the judgment of this

    Court in W.P. No.731 of 2022, wherein the learned Division Bench confirmed

    the order passed by the learned Single Judge granting police aid to the writ

    petitioner therein. A learned Single Judge of this Court in W.P. No.15111 of

    2024 dismissed the writ petition as withdrawn and liberty was given to the
    5
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    petitioners to approach the appropriate forum in accordance with law. The

    petitioners have also filed another W.P. No.1517 of 2024, wherein a learned

    Single Judge of this Court directed the respondent police to dispose of the

    representation submitted by the petitioners dated 16.12.2023, keeping in view

    the fact that the suits in O.S.Nos.17 of 2012 and 16 of 2013 on the file of the

    learned Principal Junior Civil Judge, Rayachoty, were decreed in favour of the

    mother of Petitioner No.1, and the subject property in the said suits devolved

    upon Petitioner No.1.

    9. In view of the clear direction given by the learned Single Judge of this

    Court in W.P. No.1517 of 2024 dated 01.05.2024, there is no need to pass

    any orders afresh, and the respondent police are duty-bound to follow the

    directions of the learned Single Judge of this Court. Since the ex-parte

    injunction granted in the year 2013 is in force and unchallenged, and

    Petitioner No.1 has become the legal heir of the plaintiff in O.S.No.17 of 2012,

    the injunction shall continue to be in force inasmuch as the decree of

    injunction is heritable as per Section 50 of the Code of Civil Procedure, 1908,

    and also it operates against the LRs of the defendant and even at the behest

    of the LRs of the plaintiff as per the judgment of the High Court of Kerala in

    Kathiyammakutty Umma v. Thalakkadath Kattil Karappan 1 , and the

    judgment of the Hon’ble Apex Court in Girijanandini Devi v. Bijendra Narain

    Choudhary 2 . The limitation would commence from the date on which the

    1
    1988 SCC OnLine Ker 46
    2
    AIR 1967 SC 1124
    6
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    opposite party interferes with the peaceful possession and enjoyment of the

    property. Therefore, there is no issue of limitation in this regard.

    10. In this regard, it is apposite to refer the Judgment of the High Court

    Kerala in Kathiyammakutty Umma supra at paragraph No.4 it is held as

    under:

    4. Section 50 of the Code of Civil Procedure (for short „the Code‟)
    enables the holder of a decree to execute the same against legal
    representatives of the deceased judgment-debtor. In such execution,
    the decree holder is subject to a restriction in sub-section (2) that the
    execution shall only be to the extent of the property of the deceased
    which has come to the hands of the legal representative. The
    limitation imposed by sub-sec. (2) applies generally in cases of
    money decrees. In the case of a decree of injunction, the modes of
    execution are prescribed in O. 21, R. 32 of the Code. Sub-rule (1)
    enables the decree holder to enforce the decree by detention of the
    judgment-debtor in the civil prison or by attachment of his properties
    or by both. Sub-rule (5) is an additional mode to be followed in
    execution of the decree for injunction. There is no inhibition in R. 32
    that the modes of execution prescribed therein cannot be exercised
    against the legal representatives of the judgment-debtor. In other
    words, what is permitted in S. 50 of the Code is not denied or even
    curtailed in O. 21, R. 32. S. 146 of the Code enables taking of
    proceedings or making of applications against any one who claims
    under the person against whom such proceedings or applications
    could have been taken or made. The right conferred in S. 146 is not
    in any way restricted by O. 21, R. 32. Hence it is not open to the legal
    representative of the judgment-debtor in a decree for injunction to
    contend that he is not liable under the decree. There is no dispute in
    this case that the judgment-debtors had right over the property which
    lies near the property in respect of which the decree for injunction
    was granted. The suit was filed in view of the boundary dispute over
    the respective properties. The boundary claimed by the plaintiff was
    upheld in the suit and hence the decree was passed by the trial court.

    In such a case, law does not impose any inhibition on the decree
    holder in executing the decree for injunction, after the death of the
    original judgment debtor against the legal representatives claiming
    under the said judgment-debtor.

    11. Similarly, it is apposite to refer the judgment of the Hon’ble Apex Court

    in Girijanandini Devi supra at paragraph No.14 it is held as under:

    14. Finally, it was urged that since defendants Mode Narain and
    Rajballav Narain had died during the pendency of the proceedings,
    the High Court was incompetent to pass a decree for account against
    7
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    their estates. Rajballav who was defendant No. 6 died during the
    pendency of the suit in the Trial Court and Mode Narain who was
    defendant No. 1 in the suit died during the pendency of the appeal in
    the High Court. But a claim for rendition of account is not a personal
    claim. It is not extinguished because the party who claims an account,
    the party who is called upon to account dies. The maxim
    ‘actiopersonalismoritur cum persona” a personal action dies with the
    person, has a limited application. It operates in a limited class of
    actions ex delicto such as actions for damages for defamation,
    assault or other personal injuries not causing the death of the party,
    and in other actions where after the death of the party the relief
    granted could not be enjoyed or granting it would be nugatory. An
    action for account is not an action for damages ex delicto, and does
    not fall within the enumerated classes. Nor is it such that the relief
    claimed being personal could not be enjoyed after death, or granting
    it would be nugatory. Death of the person liable to render an account
    for property received by him does not therefore affect the liability of
    his estate.It may be noticed that this question was not raised in the
    Trial Court and in the High Court. It was merely contended that
    because the plaintiff Bijendra Narain was receiving income of the
    lands of his share no decree for accounts could be made. The High
    Court rejected the contention that no account would be directed in
    favour of the plaintiff on that account. They pointed out that the mere
    fact that the plaintiff was in possession of some portion of properties
    of the joint family since 1941 cannot possibly absolve the defendants,
    who were in charge of their dealings with the management of the
    properties, from rendering accounts of the joint family estate. The
    plaintiff was since September 1941 severed from the joint family in
    estate and also in mess and residence, and he was entitled to claim
    an account from the defendants from September 1941, but not for
    past dealings. The fact that the plaintiff is in possession of some of
    the properties will, of course, have to be taken into account in finally
    adjusting the account.

    12. Respondent Nos.6 and 7 have not obtained any favourable orders

    granting injunction against the petitioners. Hence, the respondent police are

    under a legal obligation to grant necessary police aid to the petitioners with

    regard to the disputed property.

    13. In this regard, it is apposite to mention the judgment of the Hon’ble

    Division Bench of this Court in Satayanarayanna Tiwari v. S.H.O., P.S.

    Santhoshnagar3, wherein at Paragraph No.5 it is held as under:

    3

    1982 SCC OnLine AP 83
    8
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026

    5. This very question was raised and answered against Mr.
    Jagannadha Rao’s contention by an earlier Division Bench of this
    court in R. Audemma v. P. Narasimham, AIR 1971 Andhra Pradesh

    53. Our learned brother Ramachandra Rao, J. while referring to the
    unreported judgment of a single Judge of this Court in C.R.P. No.67
    of 1959 dated 22-7-1960 which held that an order of injunction is
    capable of enforcement only by punishing its disobedience in the
    manner provided by Order 39, Rule 2(3) Civil Procedure Code and
    that it is not open to the Civil Courts to enforce the same with the aid
    of the police, held:

    “Order 39. Rule 2(3) provides only for punishment by attachment
    of the property or by detention in civil prison of the person who
    committed breach. But it does not further provide for implementation
    of the order of injunction itself. Order 39, Rule 2(3) cannot be said to
    be an express provision with respect to implementation of the order of
    injunction, but is only a provision which provides penalty for
    disobedience of the order. In such a case there being no other
    express provision in the Code for enforcement of the order, it is not
    only proper but also necessary that the courts should render all aid to
    the aggrieved party to derive full benefits of the order. Though an
    order of injunction under Order 39 Civil Procedure Code is only
    interim in nature, still it clothes the person who obtained order with
    certain rights and he is entitled to enforce the aforesaid right against
    the party who is bound by the order. No doubt in such a case, the
    aggrieved party himself could approach the police authorities to
    prevent obstruction to the enforcement of the order or to the exercise
    of the right which he derives under the order of the Court. But we do
    not see why when the same person brings to the notice of court that
    enforcement of the order is sought to be prevented or obstructed, the
    court should not exercise its inherent power under Section 151 Civil
    Procedure Code and direct the police authorities to render all aid to
    the aggrieved party in the implementation of the court’s order.

    In our opinion, the exercise of such power is necessary for the
    ends of justice or to prevent abuse of the process and the civil court
    has ample jurisdiction to pass such orders under Section 151 C.P.C.”

    The court further held that the police are bound to obey such
    directions. We find ourselves in full agreement with the view
    expressed above. It is the duty of all the authorities in the State to see
    that the orders of the civil court and that of the High Court are not only
    enforced faithfully but all persons seeking enforcement of such orders
    are given full help and protection in furtherance thereof. In the
    aforesaid judgment the learned Judges further observed (at p.57 of
    AIR):

    “We are clearly of the opinion that in order to do justice between
    the parties or to prevent the abuse of process of the Court, the Civil
    Courts have ample jurisdiction to give directions to the police
    authorities to render aid to the aggrieved parties with regard to the
    implementation of the orders of the court or the exercise of the rights
    created under the orders of the Court. That the police authorities owe
    a legal duty to the public to enforce the law is clear from a decision of
    the Court of Appeal, reported in R. v. Metropolitan Police Commr.,
    (1968) 1 All England Reporter 763.

    9

    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    If the police authorities are under a legal duty to enforce the law
    and the public or the citizens are entitled to seek directions under
    Article 226 of the Constitution for discharge of such duties by the
    police authorities, we feel that the civil courts also can give
    appropriate directions under Section 151 Civil Procedure Code to
    render aid to the aggrieved parties for the due and proper
    implementation of the orders of court.”

    We feel it unnecessary to add anything further to these
    observations except to record our full agreement with those views.

    14. The Division Bench of this Court in Satyanarayana Tiwari supra has

    considered the law in detail and held that the respondent police are under a

    legal obligation to grant police aid to the petitioners. The Division Bench

    observed that under Order XXXIX Rules 2(3) of the Civil Procedure Code,

    1908 (for brevity ‘the CPC‘), the remedy is only to arrest the person who

    violated the injunction, and there is no positive remedy to grant protection from

    the police side in respect of the disputed property.

    15. In view of the orders passed by the learned Single Judge of this Court in

    W.P. No.1517 of 2024, there is no need to pass any further orders afresh,

    inasmuch as the respondent police are duty-bound to follow the directions

    given by the learned Single Judge of this Court on the earlier occasion.

    16. In the result, the Writ Petition is disposed of. There shall be no order as

    to costs.

    As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

    _________________________
    DR. Y. LAKSHMANA RAO, J
    Date: 16.03.2026
    RSI
    10
    Dr. YLR, J
    W.P.No.22212 of 2025
    Dated 16.03.2026
    175

    THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

    WRIT PETITION NO: 22212 of 2025

    Date: 16.03.2026
    RSI



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here