- 1 - NC: 2025:KHC:7020 WP No. 4740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4740 OF 2025 (GM-CPC) BETWEEN: MR.SRINIVAS ADHIKESHAVULU DALVOI S/O LATE DK ADHIKESHAVULU NAIDU RESIDENT OF NO.7/21 1ST CROSS MAIN ROAD RMV EXTENSION BENGALURU 560 080 …PETITIONER (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI. ROHAN HOSMATH.,ADVOCATE) AND: M/S. ANUSHKA CONSTRUCTION PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.100/1, CITI CENTRE OPPOSITE TOWN HALL JC ROAD, BENGALURU - 560 002 REP. BY ITS MANAGING DIRECTOR MR. AVINASH AMARLAL …RESPONDENT (BY SRI.REUBEN JACOB, SENIOR COUNSEL FOR SRI. SOURABH R KURUBARAHALLI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY COURT OF I Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7020 WP No. 4740 of 2025 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN OS NO. 9272/2024 IN IA NO.3 DATED: 01.02.2025 PRODUCED HEREWITH AS ANNEXURE-A AND CONSEQUENTLY PASS SUCH OTHER ORDER AS MAY BE NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 01.02.2025 passed by the I Additional City Civil and Sessions Judge, Bengaluru on I.A.No.3 filed under Section 151 of CPC, in O.S.No.9272/2024, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for permanent injunction restraining the defendant from interfering with the plaintiff’s peaceful possession over the suit schedule properties. Along with the plaint, the plaintiff filed an application under Order XXXIX Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial - 3 - NC: 2025:KHC:7020 WP No. 4740 of 2025 Court by order dated 31.12.2024 has granted an exparte order of temporary injunction against the defendant. Thereafter, the plaintiff filed I.A.No.3 under Section 151 of CPC seeking for a direction to the Inspector of Police, Kadugodi Police Station to desist the unlawful interference from the hands of the defendant over the plaintiff’s possession of the suit schedule properties. On service of suit summons, the defendant appeared and filed application for rejection of plaint and also for vacating the exparte order of injunction granted on 31.12.2024. The Trial Court by order dated 01.02.2025 has confirmed the exparte order of injunction dated 31.12.2024. Being aggrieved by the same, the defendant has filed MFA (FR) No.1239/2025 before this Court. Further, the Trial Court by order dated 01.02.2025 has allowed I.A.No.3 filed by the plaintiff and directed the Inspector of Police, Kadugodi Police Station to desist the unlawful interference of defendant or anybody acting on his behalf over the plaintiff’s peaceful possession and enjoyment of the suit schedule item Nos.1 to 4 properties. Being aggrieved by - 4 - NC: 2025:KHC:7020 WP No. 4740 of 2025 the order dated 01.02.2025 passed by the Trial Court on I.A.No.3, the defendant is before this Court. 3. The learned senior counsel appearing for the petitioner-defendant submits that against the order of temporary injunction dated 01.02.2025 granted by the Trial Court, the defendant has already MFA (FR) No.1239/2025 and the same is pending for consideration. In the guise of implementing the order of the Trial Court passed on I.A.No.3, the police are trying to dispossess the petitioner-defendant from the suit schedule properties. Therefore, he sought for allowing the petition. 4. The learned senior counsel appearing for the respondent-plaintiff submits that as on today, the plaintiff is in possession of the suit schedule properties. The Trial Court after hearing the parties, has rightly granted an order of temporary injunction. This Court by order dated 12.02.2025 in W.P.No.4079/2025 filed by the plaintiff, has directed the Inspector of Police, Kadugodi Police Station, - 5 - NC: 2025:KHC:7020 WP No. 4740 of 2025 to ensure that the orders passed by the City Civil Court are complied with having regard to the description of the property given in the plaint in O.S.No.9272/2024. 5. The learned senior counsel for the respondent- plaintiff has produced a memo along with the photographs and copy of the order passed by this Court in W.P.No.4079/2025. The photographs are disputed by the learned senior counsel for the petitioner-defendant contending that with the help of the police, the respondent-plaintiff have altered the nature of suit schedule properties. 6. Heard the learned senior counsel appearing for the parties. Perused the writ papers. 7. The only grievance of the petitioner is that in the guise of implementing the injunction order passed by the Trial Court, the police are trying to dispossess the petitioner-defendant from the suit schedule properties. - 6 - NC: 2025:KHC:7020 WP No. 4740 of 2025 8. In that view of the matter, this court is of the opinion that the only direction that can be issued at this stage is to direct the Inspector of Police, Kadugodi Police, not to dispossess the parties, who are in possession of the suit schedule properties and not to alter the nature of the suit schedule properties. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) Inspector of Police, Kadugodi Police Station, shall ensure that the order dated 01.02.2025 passed by the Trial Court on I.A.No.3, be complied with. However, in the guise of implementing the said order, he shall not dispossess the parties, who are in possession of the suit schedule properties and shall not alter the nature of the suit schedule properties. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM