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2025 DAILYLAW 21782 (KAR)

SRI B.S. POOVAPPA v. THE PSI

WP/12604/2021 · 2025-01-22

Jyoti Mulimani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2703 WP No. 12604 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12604 OF 2021 (GM-POLICE) BETWEEN: SRI B.S.POOVAPPA AGED ABOUT 41 YEARS, S/O LATE SHEENAPPA AT CHINNAPPA, KEDAMULLORE VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. …PETITIONER (BY SRI. RANJAN KUMAR.K., ADVOCATE) AND: 1. THE PSI VIRAJPET RURAL POLICE STATION, VIRAJPET. 2. DEPUTY SUPERINTENDENT OF POLICE, VIRAJPET DIVISION, VIRAJPET. 3. THE SUPERINTENDENT OF POLICE, KODAGU DISTRICT, MADIKERE. 4. SRI. B.S. SHIVAPPA AGED ABOUT 58 YEARS, S/O LATE SHEENAPPA AT CHINNAPPA, KEDAMULLORE VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 3; Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2703 WP No. 12604 of 2021 R4-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for respondents 1 to 3 has appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: 1. Issue a Writ of Mandamus directing respondent No.1 to 3 to implement the order of the Court of Principal Civil Judge at Virajpet in O.S.No.64/2017 on I.A.No.III and IA No.VII dated 30th August 2018 and 23rd April 2019. 2. Direct the Trial Court to take action against respondent No.4 for violating the order of the Court of Principal Civil Judge at Virajpet in O.S.No.64/2017 on I.A No.III and I.A.No.VII dated 30th August 2018 and 23rd April 2019. - 3 - NC: 2025:KHC:2703 WP No. 12604 of 2021 3. Heard the arguments and perused the Writ papers with care. 4. The petitioner is the plaintiff and the fourth respondent is the defendant before the Trial Court. There was an order of injunction against the fourth respondent. There was also an order directing PSI Virajpet Police Station to provide necessary aid to the plaintiff in enforcing the injunction order. The petitioner alleges that the fourth respondent has violated the interim orders passed by the Trial Court. Hence, he is seeking a Mandamus. In my view, the Mandamus cannot be ordered in such cases. If at all the petitioner has any grievance about violation of the interim orders passed by the Trial Court, the appropriate remedy would be to make an appropriate application before the Trial Court. The reliefs sought by the petitioner cannot be accorded in the Writ Petition under Articles 226 and 227 of the Constitution of India. Hence, I decline to exercise power under Writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 14