- 1 - HC-KAR NC: 2025:KHC-D:14462 WP No. 104535 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104535 OF 2024 (GM-CPC) BETWEEN: GUDDAPPA S/O SOMAPPA GADAGADELI, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. SUNKADAKERI ONI, BANKAPUR-581 202, TQ. SHIGGAON, DIST. HAVERI. … PETITIONER (BY SRI. C.S. SHETTAR, ADVOCATE) AND: 1. NEELAPPA S/O ADIVEPPA GADAGADELI, AGE. 97 YEARS, OCC. AGRICULTURE, R/O. SUNKADAKERI ONI, BANKAPUR-581 202, TQ. SHIGGAON, DIST. HAVERI. 2. TIRAKAPPA S/O SOMAPPA GADAGADELI, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. SUNKADAKERI ONI, BANKAPUR-581 202, TQ. SHIGGAON, DIST. HAVERI. 3. ADIVEPPA S/O SOMAPPA GADAGADELI, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. SUNKADAKERI ONI, BANKAPUR-581 202, TQ. SHIGGAON, DIST. HAVERI. 4. MALLAMMA W/O SOMAPPA GADAGADELI, AGE. 82 YEARS, OCC. AGRICULTURE, R/O. SUNKADAKERI ONI, BANKAPUR-581 202, TQ. SHIGGAON, DIST. HAVERI. … RESPONDENTS (NOTICE TO R1 TO R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED ON I.A. NO.VI FILED SECTION 151 OF CPC IN O.S. NO.166/2023 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, SHIGGAON DATED 26-06-2024 VIDE ANNEXURE-J AND THEREBY ALLOW THE APPLICATION. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14462 WP No. 104535 of 2024 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) The petition is filed assailing the order rejecting the application filed by the petitioner seeking Police protection. 2. Learned counsel to the petitioner would submit that the plaintiff had filed a suit for injunction before the Trial Court and in the said suit, an application is filed seeking temporary injunction against the defendants to restrain the defendants from interfering with the plaintiff's peaceful possession and construction of the property. The defendant No.1 also filed an application against the plaintiff and other defendants. Plaintiff’s application was allowed and the defendants are restrained as prayed for by the plaintiff. Defendant No.1’s application was rejected. 3. Learned counsel for the petitioner would submit that despite the injunction order granted by the Trial Court, the respondents/defendants are interfering with the plaintiff’s possession and not allowing the plaintiff to put up - 3 - HC-KAR NC: 2025:KHC-D:14462 WP No. 104535 of 2024 a structure in the property for which the plaintiff has received Government grant. 4. It is the further submission that the old building which was located in the suit property has collapsed and now the plaintiff is staying in a rented house and plaintiff needs to put up a structure in the suit property and if it is not put up within the time prescribed, the grant would lapse. 5. Learned counsel for the petitioner would also submit that in case it is found that the construction put up by the plaintiff is not in the property of the plaintiff and found to be in the property of the defendants, the plaintiff would not claim any special equity on account of construction. 6. It is further submitted that the plaintiff has approached the Police pursuant to the interim order granted in favour of the plaintiff, as there was interference by the - 4 - HC-KAR NC: 2025:KHC-D:14462 WP No. 104535 of 2024 defendants. However, the Police have not responded to the plaintiff’s application. 7. Though the respondents are served, there is no representation on behalf of the respondents. 8. Considering the submission and considering the materials on record, it is noticed that there is an order of temporary injunction in favour of the plaintiff and for the same property, application filed by the defendants seeking injunction is rejected. 9. Since the plaintiff seeks to put up a structure in the suit property, the jurisdictional Police Sub-Inspector shall provide necessary protection to the plaintiff in case the plaintiff proceeds to construct the building in the suit property, as per the sanctioned plan issued by the competent authority. 10. It is made clear that in case the plaintiff fails to establish the right over the suit property, the plaintiff shall - 5 - HC-KAR NC: 2025:KHC-D:14462 WP No. 104535 of 2024 not claim any equity based on the construction. Accordingly, the petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 30