- 1 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.202511 OF 2022 (GM-CPC) BETWEEN: 1. LAXMAN S/O GUNDU AGE. 43 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 2. TUKARAM S/O PRABHU AGE. 41 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 3. BABURAO S/O JAIWANTRAO AGE. 67 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 4. RAJU S/O BHIMRAO AGE. 53 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. …PETITIONERS (BY SRI. SANJEEVKUMAR C. PATIL, ADVOCATE) AND: 1. BIBISHAN S/O SANTRAM Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 AGE. 85 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 2. DHANABAI W/O LATE MADHAVRAO AGE. 87 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 3. ANANT S/O LATE MADHAVRAO DEAD BY LRS., KAMALABAI W/O ANANT, AGE. 48 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 4. ASHWINI D/O ANANT AGE. 30 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 5. SANTRAM S/O LATE MADHAVRAO AGE. 55 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 6. SUNITA W/O SANTRAM AGE. 48 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 7. RAVAN S/O LATE MADHAVRAO AGE. 48 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 8. SHRAVAN S/O LATE MADHAVRAO AGE. 46 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 9. SHIVKARANBAI D/O LATE MADHAVRAO, - 3 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 AGE. 65 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 10. CHANDRAKALA W/O LATE JEEVABA, AGE. 75 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 11. PANDHARI W/O LATE JEEVABA, AGE. 39 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 12. ANJANA D/O JEEVABA W/O PEERAJI AGE. 41 YEARS, OCC. AGRI., R/O. RAMTIRTH VILLAGE, TQ. BASAVAKALYAN, DIST. BIDAR. 13. KARUNA W/O PANDHARI AGE. 38 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 14. MAMTABAI W/O LATE VASANT AGE. 73 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 15. SANTOSH S/O LATE VASANT AGE. 45 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 16. SAHADEV S/O LATE VASANT AGE. 39 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 17. BALAJI @ BALU S/O LATE VASANT AGE. 37 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), - 4 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 TQ. BASAVAKALYAN, DIST. BIDAR. 18. MANISHA D/O LATE VASANT AGE. ABOUT 41 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 19. KESHAV S/O DHANAJI AGE. ABOUT 79 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 20. KASHINATH S/O DHANAJI AGE. ABOUT 70 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 21. BHAGIRATIBAI W/O LATE GOVIND AGE ABOUT 73 YEARS, OCC. AGRI., R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 22. MADAN S/O LATE GOVIND AGE. ABOUT 44 YEARS, OCC: AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 23. KUMAR S/O LATE GOVIND AGE. ABOUT 32 YEARS, AGRICULTURE,R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 24. SONABAI @ KAVITA D/O LATE GOVIND W/O SURESH AGE. ABOUT 41 YEARS, OCC. HOUSEHOLD AND AGRIL, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 25. RANDAVAN D/O LATE GOVIND W/O SIDDU AGE. ABOUT 33 YEARS, OCC. HOUSEHOLD AND AGRIL, - 5 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 26. MARUTI S/O DHONDIBA AGE. 68 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 27. DAYANAND S/O MARUTI AGE. 41 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 28. BALU @ BALAJI S/O MARUTI AGE. 38 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 29. GUNDU S/O DHNDIA DEAD BY LRS KOMALABAI D/O GUNDU W/O VILAS MULE AGE. ABOUT 54 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 30. BALIKA D/O GUNDU W/O NETAJI MUDAGALE AGE. ABOUT 52 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR. 31. UMA D/O GUNDO AGE. 49 YEARS, CC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), NOW AT BOTH RESIDING AT MORKHANDI, TQ. BASAVAKALYAN, DIST. BIDAR. 32. BHAGYASHREE D/O GUNDU W/O VITHAL AGE. ABOUT 41 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), NOW AT BOTH RESIDING AT MORKHANDI, - 6 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 TQ. BASAVAKALYAN, DIST. BIDAR-585327. 33. SUNIL S/O GUNDU AGE ABOUT 47 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 34. RAM S/O GUNDU AGE. ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 35. PRABHU S/O DHONDIBA DIED HIS LRS (A) TO (C) MATHURABAI W/O PRABHU AGE. ABOUT 61 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 36. AYODHYA D/O PRABHU W/O DATTA AGE. ABOUT 43 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), NOW AT GUNJOTI, TQ. OMERGA, DIST. OSMANABAD-413501. 37. VRANDAVAN D/O PRABHU AGE. ABOUT 35 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), NOW AT BORSURI, TQ. NILANGA, DIST. LATUR-413512. 38. DNYANESHWAR S/O PRABHU DEAD BY LRS SUMITRA W/O DNYANESHWAR AGE. ABOUT 43 YEARS, OCC. HOUSEHOLD, - 7 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 R/O. VILLAGE RAMTIRTH (K), NOW AT SHAHAJANI AURAD, TQ. NILANGA, DIST. LATUR-413512. 39. AROSHI D/O DNYANESHWAR AGE. ABOUT 8 YEARS, MINOR UNDER GUARDIAN, REAL MOTHER SUMITRA 40. RUDRAKSHI D/O DNYANESHWAR AGE. ABOUT 06 YEARS, MINOR UNDER GUARDIAN OF HER REAL MOTHER SUMITRA, 41. MANIK S/O DHONDIBA AGE. ABOUT 64 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 42. YOGRAJ S/O MANIK AGE. ABOUT 40 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 43. SOUDAPPA S/O GANAPATI DEAD BY LRS BHARATABAI W/O SOUDAPPA AGE. ABOUT 68 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327 44. ANUSAYA D/O SOUDAPPA W/O DATTATRAY, AGE. ABOUT 51 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), - 8 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 TQ. BASAVAKALYAN, DIST. BIDAR-585327 45. DURGABAI D/O SOUDAPPA W/O DINKAR AGE. ABOUT 49 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327 46. RAJU S/O SOUDAPPA AGE. ABOUT 40 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 47. PINTU @ TULASIRAM S/O SOUDAPPA AGE. ABOUT 41 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 48. WAMAN S/O MADHAV AGE. ABOUT 39 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 49. DHONDU S/O MADHAV AGE. ABOUT 37 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 50. BALAJI S/O BABURAO AGE. ABOUT 40 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, - 9 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 DIST. BIDAR-585327. 51. ARJUN S/O BABURAO AGE. ABOUT 41 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 52. BALU S/O BABURAO AGE. ABOUT 39 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 53. DEVANAND S/O BABURAO AGE. ABOUT 37 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 54. NARSING S/O BABURAO AGE. ABOUT 36 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 55. UTTAM S/O JAIWANTRAO AGE. ABOUT 61 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 56. NIVAS S/O UTTAM AGE. ABOUT 29 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, - 10 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 DIST. BIDAR-585327. 57. PAKASH S/O UTTAM AGE. ABOUT 25 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 58. ANNARAO S/O JAIWANTRAO AGE. ABOUT 58 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 59. SHIVAJI S/O ANNARAO AGE. ABOUT 38 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 60. DHANARAJ S/O ANNARAO AGE. ABOUT 33 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 61. MEEDABAI W/O JAIWANTRAO AGE. ABOUT 68 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 62. ULLAS S/O BHIMRAO AGE. ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, - 11 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 DIST. BIDAR-585327. 63. VISHNUKANT S/O ULLAS AGE ABOUT 38 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 64. VITHAL S/O BHIMRAO AGE. ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 65. UMESH S/O VITHAL AGE. ABOUT 37 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 66. UDAYBHAN S/O BHIMRAO AGE. ABOUT 56 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 67. ARJUN S/O UDAYBHAN AGE ABOUT 27 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 68. KARAN S/O UDAYBHAN AGE ABOUT 22 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, - 12 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 DIST. BIDAR-585327. 69. VISHAL S/O RAJU AGE. ABOUT 27 YEARS, OCC. AGRICULTURE, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 70. RUKMINIBAI W/O BABURAO AGE. ABOUT 34 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 71. BEGDABAI W/O MANIK AGE. ABOUT 26 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. 72. KALAWATI W/O PRAKASH AGE. ABOUT 50 YEARS, OCC. HOUSEHOLD, R/O. VILLAGE RAMTIRTH (K), TQ. BASAVAKALYAN, DIST. BIDAR-585327. …RESPONDENTS (BY SRI. SACHIN MAHAJAN, ADVOCATE FOR R1, R3 TO R25; NOTICE TO R26 TO R72 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING ANNEXURE- G, ORDER DATED 21.2.2022 AND 9.3.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, BASAVAKALYAN IN OS NO. 76/2019 ON I.A NO. VII. - 13 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The defendant Nos.7, 10, 18 and 38 in OS No.76/2019 on the file of Senior Civil Judge and JMFC, Basavakalyan are before this Court challenging the correctness of the orders dated 21.02.2022 and 09.03.2022 by which the Trial Court granted police protection for the implementation of the orders of temporary injunction dated 10.12.2019 and 28.01.2022 respectively. 2. (i). The suit in OS No.76/2019 was filed for a declaration that the plaintiffs are the owners of the suit properties and for perpetual injunction to restrain the defendants from interfering with their possession of the suit properties. An application for interim injunction was filed by the plaintiffs to restrain the defendants from interfering with their possession, pending disposal of the suit. - 14 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 (ii). The suit was contested by defendant Nos.1, 2 and 7, who denied the averments of the plaint and also contended that the plaintiffs are not entitled to the reliefs sought for. The application for interim injunction was also contested, following which the Court passed the order of interim injunction in terms of the order dated 28.01.2022 and restrained the defendants from interfering with the possession of the plaintiffs in the suit properties. (iii). Thereafter, the plaintiff filed an application (I.A.No.VII) for a direction to the Rural police station, Basavakalayan to provide protection to implement the order of interim injunction. The said application was allowed by the Trial Court in terms of the impugned order. In the meanwhile, the defendants had filed MA No.5001/2022 challenging the order of interim injunction granted on 28.01.2022. The said appeal, after contest, was allowed by the Appellate Court in terms of the order dated 30.07.2024. Following this, the plaintiffs filed W.P.No.202081/2024 challenging the order of the - 15 - NC: 2025:KHC-K:1363 WP No. 202511 of 2022 Appellate Court. The said writ petition was also allowed in terms of the order dated 19.08.2024. Consequently, the order of interim injunction granted by the Trial Court was restored and having regard to the strife between the plaintiffs and the defendants, it was imperative that the possession of the plaintiffs was protected by enforcing the order of interim injunction. 3. Consequently, the order passed by the Trial Court, which is impugned in this writ petition does not warrant any interference. Hence, the writ petition is dismissed. Sd/- (R.NATARAJ) JUDGE NJ LIST NO.: 1 SL NO.: 9 CT:SI