- 1 - NC: 2025:KHC:16933 WP No. 9306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9306 OF 2025 (GM-CPC) BETWEEN: 1. NAGAMMA W/O LATE SIDDAPPA AGED ABOUT 89 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. 2. GOWRAMMA W/O DYAMAPPA AGED ABOUT 66 YEARS OCC: AGRICULTURIST R/AT DUMMI VILLAGE RAMAGIRI HOBLI, HOLALKERE TALUK DAVANAGERE DISTRICT. 3. GANGAMMA W/O RAJAPPA AGED ABOUT 64 YEARS OCC: AGRICULTURIST R/AT DUMMI VILLAGE RAMAGIRI HOBLI,HOLALKERE TALUK DAVANAGERE DISTRICT. 4. K S RAJU S/O LATE SIDDAPPA Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16933 WP No. 9306 of 2025 AGED ABOUT 59 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. 5. K S LOKESH S/O LATE SIDDAPPA AGED ABOUT 54 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. 6. K S CHIKKAPPA S/O LATE SIDDAPPA AGED ABOUT 46 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. 7. K S RAGHU S/O LATE SIDDAPPA AGED ABOUT 46 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. 8. RUDRAMMA W/O K S RAJU AGED ABOUT 54 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. - 3 - NC: 2025:KHC:16933 WP No. 9306 of 2025 9. DRAKSHAYANAMMA W/O K S LOKESH AGED ABOUT 50 YEARS OCC: AGRICULTURIST R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT. …PETITIONERS (BY SRI. CHANDRASHEKAR G M., ADVOCATE) AND: 1. GOWRAMMA W/O LATE DUMMAPPA AGED ABOUT 76 YEARS OCC: AGRICULTURIST R/AT BEERALINGESHWARA TEMPLE KURUBARA BEEDI CHANNAGIRI TOWN DAVANAGERE DISTRICT-577213. 2. RUDRESH S/O LATE. DUMMAPPA AGED ABOUT 50 YEARS OCC: AGRICULTURIST R/AT BEERALINGESHWARA TEMPLE KURUBARA BEEDI CHANNAGIRI TOWN DAVANAGERE DISTRICT-577213. 3. MAMATHA W/O RANGASWAMY AGED ABOUT 46 YEARS OCC: HOUSE WIFE R/AT KANADASALU BADAVANE CHANNAGIRI TOWN DAVANAGERE DISTRICT-577213. - 4 - NC: 2025:KHC:16933 WP No. 9306 of 2025 4. LALITHA W/O HOLIYAPPA AGED ABOUT 43 YEARS OCC: HOUSE WIFE R/AT OM TAILOR ROAD BESIDE RASTRATANA SCHOOL 4TH CROSS, 4TH MAIN BHAGATHSING NAGAR DAVANAGERE CITY-577002. 5. MANJULA W/O LATE MANJUNATH AGED ABOUT 41 YEARS OCC: HOUSE WIFE R/O NEAR H.P., PETROL BUNK BAMBOO BAZAAR DAVANAGERE CITY-577001. 6. G S ANASUYAMMA W/O LATE G M SRIKANTAIAH AGED ABOUT 75 YEARS OCC: HOUSE WIFE R/AT GOWDARA BEEDI CHANNAGIRI TOWN DAVANAGERE DISTRICT-577213. 7. G S JAGANNATHA S/O LATE G M SRIKANTAIAH AGED ABOUT 53 YEARS OCC: AGRICULTURIST R/AT GOWDARA BEEDI CHANNAGIRI TOWN DAVANAGERE DISTRICT-577213. …RESPONDENTS (BY SMT. SARITHA KULKARNI., ADVOCATE FOR R6 & R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR - 5 - NC: 2025:KHC:16933 WP No. 9306 of 2025 records, SET-ASIDE THE SAID IMPUGNED ORDER DATED 10.03.2025 ON IA NO.I UNDER ORDER 21 RULE 32(5) OF CPC IN EX. NO.32/2024 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, CHANNAGIRI., PRODUCED AT ANNEXURE-A 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 petitioners challenging the order dated 10.03.2025 passed by the Prl. Civil Judge & JMFC, Channagiri on I.A.No.1 filed by the decree holders under Order 21 Rule 32(5) of CPC read with Section 151 of CPC in Ex.No.32/2024, whereby the Executing Court has allowed the said application. 2. The plaintiffs-decree holders filed O.S.No.127/2019 for bare injunction against Mr.Rudresh, respondent No.2 herein and obtained the judgment and decree dated 08.08.2023. Thereafter, the decree holders filed - 6 - NC: 2025:KHC:16933 WP No. 9306 of 2025 Ex.No.32/2024 for executing the judgment and decree passed in O.S.No.127/2019. In the said execution petition, the decree holders filed I.A.No.1 under Order 21 Rule 32(5) of CPC read with Section 151 of CPC seeking for police aid for implementation of the judgment and decree dated 08.08.2023 passed in O.S.No.127/2019. The Executing Court, by impugned order dated 10.03.2025 has allowed the said application. Being aggrieved by the said order, the present petition is filed. 3. The petitioners herein claim that they are in possession of the suit schedule property and hence they have filed a separate suit i.e., O.S.No.108/2024 for relief of declaration, partition and separate possession. 4. The judgment and decree dated 08.08.2023 passed in O.S.No.127/2019 is against the respondent No.2 herein and only in respect of bare injunction. To implement the judgment and decree passed in O.S.No.127/2019, the decree holders have filed I.A.No.1 in the execution petition - 7 - NC: 2025:KHC:16933 WP No. 9306 of 2025 Ex.No.32/2024 seeking police aid. Therefore, I.A.No.1 filed by the decree holders under Order 21 Rule 32(5) of CPC has been rightly allowed by the Trial Court. There is no error or illegality in the said order. 5. If the petitioners herein have any grievance, they can work out their remedy by filing application under Order 21 Rule 97 of CPC before the Trial Court. 6. Accordingly, the writ petition is disposed of. 7. All pending I.As. in this writ petition, if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 27