- 1 - HC-KAR NC: 2025:KHC-D:18032 WP No. 107501 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107501 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SHANTA W/O RAMACHANDRA GUDENNAVAR, AGE. 68 YEARS, OCC. AGRICULTURIST AND HOUSE WIFE, R/O. GALAGALI TOTA, HOUSE NO. 665, HIDKAL, NOW AT KHANADAL, TQ. RAIBHAG, DIST. BELAGAVI-591 235. 2. RAMACHANDRA S/O ALLAPPA GUDENNAVAR, AGE. 74 YEARS, OCC. AGRICULTURIST, R/O. GALAGALI TOTA, HOUSE NO.665, HIDKAL, NOW AT KHANADAL, TQ. RAIBHAG, DIST. BELAGAVI-591 235. 3. SHANKAR S/O RAMACHANDRA GUDENNAVAR, AGE. 40 YEARS, OCC. AGRICULTURIST, R/O. GALAGALI TOTA, HOUSE NO. 665, HIDKAL, NOW AT KHANADAL, TQ. RAIBHAG, DIST. BELAGAVI-591 235. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:23 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18032 WP No. 107501 of 2025 4. SHIVANAND S/O RAMACHANDRA GUDENNAVAR, AGE. 32 YEARS, OCC. AGRICULTURIST, R/O. GALAGALI TOTA, HOUSE NO.665, HIDKAL, NOW AT KHANADAL, TQ. RAIBHAG, DIST. BELAGAVI-591 235. … PETITIONERS (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: PURANDAR S/O LAXMAN MURAGOJI, AGE. 56 YEARS, OCC. AGRICULTURIST, R/O. HIDKAL, TQ. RAIBHAG, DIST. BELAGAVI-591 235. … RESPONDENT (BY SRI. RAJASHEKHAR BURJI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OR DIRECTIONS, WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER DATED 08/10/2025 PASSED BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG IN O.S. NO.456/2019 ON IA, DATED 01/11/2019 AND 07/02/2020 FILED BY RESPONDENT HEREIN UNDER SECTION 151 OF CPC FOR POLICE PROTECTION PRODUCED AS ANNEXURE-L AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18032 WP No. 107501 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioners has filed a memo along with the photographs which would disclose some structures. 2. Learned counsel for the petitioners submits that the structures are built by the petitioners and the petitioners are in possession of the property. 3. Learned counsel for the respondent submits that the petitioners are not in possession of the property shown in the photographs and the structures are built by the respondent and would further submit that two Courts have already given a finding that the properties belong to the respondent and the respondent is in possession of the properties and the findings of the Court on temporary injunction over the said properties has attained finality. 4. The admitted factual possession is that temporary injunction granted in favour of the respondent that the - 4 - HC-KAR NC: 2025:KHC-D:18032 WP No. 107501 of 2025 respondent is in possession of the said properties has attained finality and the findings in a suit for partition relating to the said properties is under challenge before the Appellate Court in R.A.No.3/2017. 5. Learned counsel for the respondent without admitting the contentions of the petitioners and without prejudice to the contentions raised in the suit, would urge that till the disposal of the pending Regular Appeal, the respondent will not demolish the structures shown in the photographs. It is also submitted that without prejudice to the contentions raised that respondent is the owner and in possession of the properties, till the disposal of the regular appeal the respondent will not assert possession over the structures shown in the photographs. 6. Said submission is placed on record. 7. Under these circumstances, the orders granting police protection is confirmed in respect of agricultural land - 5 - HC-KAR NC: 2025:KHC-D:18032 WP No. 107501 of 2025 and is modified by holding that said protection does not extend to the structures shown in the photographs. 8. This order shall not be construed as having reflected anything on the merits of the pending appeal. 9. The pending appeal shall be decided without being influenced by the police protection order granted by the Trial Court, and this order modifying the order passed by the Trial Court. 10. Accordingly, writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 38