- 1 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 16148 OF 2022 (GM-CPC) BETWEEN: 1. SRI. CHANDRAPPA, SINCE DECEASED ON 21.11.2023 BY HIS LRS. 1(A) SMT. CHANDRAMMA W/O LATE CHANDRAPPA AGED ABOUT 70 YEARS, R/AT CHIKKABALLEKERE VILLAGE & POST, CHOWLAHIRIYUR HOBLI, KADUR TALUK, CHICKMAGALUR DISTRICT - 577 140. 1(B) SRI MANJUNATH C, S/O LATE CHANDRAPPA, AGED ABOUT 36 YEARS, R/AT CHIKKABALLEKERE VILLAGE & POST, CHOWLAHIRIYUR HOBLI, KADUR TALUK, CHICKMAGALUR DISTRICT - 577 140. 2. SRI.ESHWARAPPA, S/O LATE PARAMESHWARAPPA, AGED ABOUT 55 YEARS, OCC AGRICULTURIST, R/AT CHIKKABALLEKERE VILLAGE AND POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TALUK, CHICKMAGALUR DISTRICT - 577 547. …PETITIONERS (BY MS. AISHWARYA HEGDE, ADVOCATE FOR SRI. GURURAJ. R., ADVOCATE) AND: 1. SRI. CHITTAPPA, Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 S/O LATE THIMMAPPA, AGED ABOUT 66 YEARS, OCC AGRICULTURIST, R/AT GEDLEHALLI VILLAGE, CHIKKABALLAKERE POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TALUK CHICKMAGALUR DIST - 577 547. 2. SRI CHITTAPPA, S/O LATE SHEEGAPPA, AGED ABOUT 50 YEARS, OCC AGRICULTURIST, R/AT GEDLEHALLI VILLAGE, CHIKKABALLEKERE VILLAGE AND POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TALUK, CHICKMAGALUR DISTRICT - 577 547. 3. SRI.LOKESHAPPA, S/O CHITTAPPA, AGED ABOUT 41 YEARS, R/AT GEDLEHALLI VILLAGE, CHIKKABALLEKERE VILLAGE AND POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TALUK, CHICKMAGALUR DISTRICT - 577 547. 4. SRI.ONKARAPPA, S/O LATE PARAMESHWARAPPA, AGED ABOUT 60 YEARS, OCC AGRICULTURIST, R/AT GEDLEHALLI VILLAGE, CHIKKABALLEKERE VILLAGE AND POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TALUK, CHICKMAGALUR DISTRICT - 577 547. 5. SRI.MALLESHAPPA, S/O LATE PARAMESHWARAPPA, AGED ABOUT 51 YEARS, - 3 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 OCC AGRICULTURIST, R/AT GEDLEHALLI VILLAGE, CHIKKABALLEKERE VILLAGE AND POST, CHOWLAHIRIYUR HOBLI, NOW AJJAMPURA TLAUK, CHICKMAGALUR DISTRICT - 577 547. …RESPONDENTS (BY SRI. PAVAN KUMAR G., ADVOCATE FOR R1 TO 3; R4 AND 5 ARE SERVED ) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.24.6.2022 PASSED IN EXECUTION NO.38/2021 ON THE FILE OF CIVIL JUDGE AND JMFC KADUR CHKKAMAGALURU AS PER ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Judgment debtors are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 24.06.2022 passed in Execution No.38/2021 by the Court of II Additional Civil Judge, Kadur. 2. Heard the learned counsel for the parties. 3. Respondent Nos.1 to 3 herein have filed O.S.No.406/2013 before the Jurisdictional Civil Court at - 4 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 Kadur seeking the relief of permanent injunction. The said suit was decreed on 15.04.2021. Alleging violation of the judgment and decree passed in O.S.No.406/2013, Execution case No.38/2021 is filed by the decree holders and in the said proceedings, I.A.No.1 was filed under section 151 of CPC with a prayer to provide police protection for cultivating the suit schedule property. The application was opposed by the judgment debtors by filing objections. The Executing Court, vide the order impugned has directed the jurisdictional police to provide protection to the decree holder. Aggrieved by the same, petitioners who are judgment debtors are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that order impugned is passed without assailing any reasons, the judgment debtors are in peaceful possession and enjoyment of the suit schedule property. The decree holders are trying to interfere with the assistance of the police. Accordingly, she prays to allow this petition. - 5 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 5. Per contra, learned counsel for the decree holder has argued in support of order impugned. 6. It is not in dispute that a decree of permanent injunction has been granted in favour of respondent Nos.1 to 3 herein O.S.No.406/2013. Against the said judgment and decree regular appeal has been filed before the First Appellate Court by the judgment debtor. It is not in dispute that no interim order has been granted in the said regular appeal. Alleging disobedience of the judgment and decree of permanent injunction granted in O.S.No.406/2013, the decree holders have filed Execution Case No.38/2021 with a prayer to attach the properties of the judgment debtors and detain them in civil prison. In the said proceedings, I.A.No.1 under section 151 of CPC was filed with a prayer to provide police protection to the decree holders for the purpose of cultivating the suit schedule property. - 6 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 7. In the affidavit which is filed in support of the application, it is stated that the judgment debtors are unnecessarily interfering with the possession of the suit schedule property and they also allegedly trespassed into the suit schedule property and obstructed cultivation of the suit schedule property by the decree holder. It is under these circumstances police protection was sought for the purpose of enabling the decree holders to cultivate the suit schedule property. The Trial Court having appreciated the contents of the application in the background of the decree passed in O.S.No.406/2013 has thought it fit to provide police protection to the decree holders. Though the order impugned is bereft of reasons, since the rights of the parties are not decided in the said order and the order impugned has been passed only for the purpose of implementing the decree passed by the Court, I am of the opinion that the order impugned does not call for interference at the hands of this Court in exercise of its powers under Article 227 of the Constitution - 7 - HC-KAR NC: 2025:KHC:52237 WP No. 16148 of 2022 of India. Therefore, I do not find any good ground to entertain this writ petition. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 27