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CHEQUE BOUNS CASE

it is evident that the suit was decreed by judgment dated 18-12-2008. Once the suit was decreed, all the interlocutory orders merge with the final order and if there is any violation of the final decree, it is always open for the appellants to approach the Executing Court to get the decree executed under due process of law. Therefore, we are of the opinion that the learned Single Judge had rightly dismissed the said writ petition and there is no need to interfere with the same.

HON’BLE THE ACTING CHIEF JUSTICEV.ESWARAIAH

English: George Henry Harlow's Court for the T...

English: George Henry Harlow’s Court for the Trial of Queen Katharine (Photo credit: Wikipedia)

AND

HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

 

W.A.No.711 of 2012

 

JUDGMENT: (per HACJ & VVA,J)

 

This writ appeal is filed against the order dated 04-06-2009 passed by the learned Single Judge in W.P.No.11355 of 2009.

The appellants herein filed W.P.No.11355 of 2009 seeking to declare the action of the respondents in not implementing the order dated                  16-02-2006 passed by the Junior Civil Judge, Hindupur, Anantapur District, in I.A.No.89 of 2006 in O.S.No.2 of 2006, as illegal and arbitrary and consequently direct the respondents to implement the said order.

It is the case of the appellants that they have been issued house site pattas by the 1st respondent for the lands admeasuring Ac.0-03 cents each in Sy.No.170/2, Plot Nos.76 and 77 situated at Pochanapalli Village, Hindupur Municipal limits, Anantapur District, and they are in continuous possession and occupation of the same.  While so, the 3rd respondent herein tried to interfere with their peaceful possession and enjoyment of the property and, therefore, they filed a suit in O.S.No.2 of 2006 on the file of the Junior Civil Judge, Hindupur, seeking permanent injunction and the trial court by order dated 02-02-2006 in I.A.No.10 of 2006 granted temporary injunction restraining the 3rd respondent herein from interfering with the peaceful possession and enjoyment of the property in question. As the said injunction order was not obeyed by the 2ndrespondent herein, the appellants filed I.A.No.89 of 2006 before the trial court to grant police protection and the trial court by order dated 16-02-2006 passed orders directing the 2nd respondent to provide police protection. In spite of the said order of the trial court and in spite of making several representations,  the 2nd respondent did not obey the order passed by the Civil Court, therefore, the appellants filed the writ petition.  The learned Single Judge vide order dated 04-06-2009 dismissed the said writ petition.  Aggrieved thereby, the present writ appeal is filed.

From a perusal of the material available on record, it is evident that the suit was decreed by judgment dated 18-12-2008.  Once the suit was decreed, all the interlocutory orders merge with the final order and if there is any violation of the final decree, it is always open for the appellants to approach the Executing Court to get the decree executed under due process of law.  Therefore, we are of the opinion that the learned Single Judge had rightly dismissed the said writ petition and there is no need to interfere with the same.

Accordingly, the writ appeal is dismissed.  There shall be no order as to costs.

____________________

V.ESWARAIAH, HACJ

                          

 

 

________________________

VILAS V. AFZULPURKAR, J

Date: 22-06-2012

Prv

 

 

 

 

 

 

 

 

 

 

 

 

HON’BLE THE ACTING CHIEF JUSTICE V.ESWARAIAH

AND

HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

W.A.(SR).No.5650 of 2010

 

 

 

 

 

 

Dated 06-06-2012

 

 

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