- 1 - NC: 2025:KHC:4291 WP No. 35631 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35631 OF 2024 (GM-CPC) BETWEEN: MR RAGHAVENDRA S/O LATE RAMACHANDRA HEBBAR AGED ABOUT 50 YEARS R/AT NO. 3, GOVER ROAD COX TOWN, BENGALURU-560 005 ALSO AT SHOP ADDRESS HEBBAR BAKERY, NO. 141 M M ROAD, FRAZER TOWN BENGALURU 560 005 …PETITIONER (BY SRI. RAGHUNATH M D.,ADVOCATE) AND: MR R VIJAY KUMAR S/O LATE D V RAMACHANDRA AND SMT. R JAYALAKSHMI AGED ABOUT 66 YEARS R/AT NO. 141, MM ROAD FRAZER TOWN, BENGALURU 560 005 NOW IN USA REP. BY HIS PA HOLDER SRI N GOPALA KRISHNAN S/O LATE KALAIAH AGED ABOUT 62 YEARS R/AT NO. 78, 1ST FLOOR 3RD CROSS, 2ND MAIN ROAD UDAYANAGAR, BENGALURU - 560 016 …RESPONDENT (BY SRI.JANARDHANA G., ADVOCATE FOR C/R) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4291 WP No. 35631 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION QUASHING THE ORDER PASSED ON IA III FILED UNDER SEC 151 OF CPC DATED: 28.11.24 PASSED BY THE 75TH ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN OS NO. 6518/2024 AT ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 28.11.2024 passed by the LXXV Addl. City Civil and Sessions Judge, Bengaluru, on I.A.No.3 filed under Section 151 of CPC seeking police protection, in O.S.No.6518/2024, whereby the Trial Court has allowed the said application. 2. The plaintiff filed the suit for permanent injunction restraining the defendant from subletting the suit schedule property and not to change the nature of the suit schedule property. Along with the plaint, the plaintiff filed two applications i.e., I.A.No.1 and I.A.No.2 under Order XXXIX Rules 1 and 2 of CPC seeking for an order of temporary - 3 - NC: 2025:KHC:4291 WP No. 35631 of 2024 injunction restraining the defendant from changing the nature of the suit schedule property and from creating any third party interest over the suit schedule property. The Trial Court has passed an exparte order of temporary injunction restraining the defendant, his agents and servants from changing the nature of the suit schedule property till the next date of hearing. Thereafter, the said injunction order was extended from time to time. It was pleaded by the plaintiff that inspite of injunction order being in force, defendant was violating the same. Therefore, the plaintiff filed I.A.No.3 under Section 151 of CPC seeking for police protection to implement the interim order. The Trial Court, by impugned order dated 28.11.2024, has allowed the said application. Being aggrieved by the said order, the petitioner-defendant is before this Court. 3. The learned counsel for the petitioner-defendant submits that the Trial Court has granted injunction order only in respect of defendant not to create third party - 4 - NC: 2025:KHC:4291 WP No. 35631 of 2024 interest and not to alter the nature of the suit schedule property. However, the plaintiff, in the guise of the said injunction order is obstructing the defendant from carrying on the business in the suit schedule property. 4. The learned counsel for the respondent-plaintiff submits that plaintiff has no objection for the defendant to carry on the business in the shop, in accordance with law. He further submits that the plaintiff has already filed a suit for eviction and the same is pending consideration. 5. Heard the learned counsel for the parties and perused the writ paper. 6. The grievance is only in respect of temporary injunction granted by the Trial Court. As per the temporary injunction granted by the Trial Court, the defendant is restrained from changing the nature of the suit schedule property and not to alter create third party interest over the suit schedule property. He is not restrained from carrying on business in the shop. - 5 - NC: 2025:KHC:4291 WP No. 35631 of 2024 7. The Trial Court, by impugned order has allowed the application filed by the plaintiff seeking police protection to implement the injunction order. 8. In the guise of implementing the injunction order, neither the plaintiff nor the police can interfere with the defendant running commercial business in the suit schedule property, in accordance with law, until further orders are passed by the Trial Court. 9. Without expressing any opinion on the merits of the case, the writ petition is disposed of. 10. The Trial Court is directed to dispose of I.A.No.1 and I.A.No.2 filed under Order 39 Rules 1 and 2 of CPC in accordance with law and as expeditiously as possible. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 11