- 1 - HC-KAR NC: 2025:KHC:35676 WP No. 27580 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27580 OF 2024 (GM-POLICE) BETWEEN: MR B L SREENIVASA REDDY S/O LATE LINGA REDDY, AGED ABOUT 73 YEARS, R/AT NO.122, J.KURUBARAHALI VILLAGE, AVANI HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563101 &PETITIONER (BY SRI.PRAVEEN R., ADVOCATE FOR SRI. ADINARAYANAPPA.,ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE OFFICE OF THE POLICE SUPERINTENDENT, OPPO TO RL JALAPPA HOSPITAL, NH-75, BANGALORE ROAD, KOLAR DISTRICT, KOLAR-563 101. 2. THE DEPUTY SUPERINTENDENT OF POLICE 44RR GPQ. GANDHINAGAR, KOLAR DISTRICT, KOLAR-563101 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35676 WP No. 27580 of 2024 3. THE SUB INSPECTOR OF POLICE MULBAGAL RURAL POLICE STATION, MUTHYALPETE, MULBAGAL-563131, KOLAR DISTRICT. 4. SRI. VENKATESHAPPA BM S/O LATE MUNIVENKATAPPA, AGED ABOUT MAJOR, R/AT BHATRAKUPPE VILLAGE, BETHAMANGALA HOBLI, KGF TALUK, KOLAR DISTRICT-563116. &RESPONDENTS (BY SMT.K.P. YASHODHA., AGA FOR R1 TO R3; SRI. M.S. VISHWANATHA SHANKARA, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO DIRECT THE R-1 TO 3 TO TAKE SUITABLE ACTION AGAINST THE R-4 ON THE COMPLAINTS OF THE PETITIONER DATED 15.07.2024 AS PRODUCED AT ANNX-K, L AND M IN ACCORDANCE WITH LAW; CONSEQUENTLY DIRECT THE R-1 TO 3 TO REGISTER THE CRIMINAL CASE AGAINST THE R-4 FOR HIS ILLEGAL TRESPASS IN TO THE PETITIONERS PROPERTY AND ALSO FOR MAKING THE LIFE THREAT TO THE PETITIONER ON THE COMPLAINTS OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35676 WP No. 27580 of 2024 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The question presented for consideration by filing the present application [I.A. No.1/2024] is whether this Court must recall the order dated 07.11.2024. This Court, by this order, has directed the third respondent [the jurisdictional Police] to extend protection to the petitioner from the date on which the petitioner seeks protection. This Court's order is premised in the assertion that the petitioner's suit in O.S. No.783/1995 for permanent injunction is decreed on 05.04.2002 and that such decree subsists. As against the reliance on the decree dated 05.04.2002, it is now brought on record by the fourth respondent who was not issued with the notice earlier and is the contesting respondent, that indeed the petitioner had the advantage of the decree dated 05.04.2002 in O.S. No.783/1995 but such Judgment - 4 - HC-KAR NC: 2025:KHC:35676 WP No. 27580 of 2024 and decree is subject matter of appeal with this Court in RSA No.1104/2004 restoring the suit for re- adjudication; that this Court's Judgment in RSA No.1104/2004 is on 06.01.2011 and that after this remand, the petitioner's suit is dismissed. Significantly, it is now stated that the petitioner unsuccessfully carried the Judgment dated 28.05.2013 in the suit on remand in first appeal in RA No.128/2013 with the dismissal of the appeal on 30.10.2017 and that there has been no proceedings after such judgment in the appeal. These assertions are borne out by the documents furnished. Hence, the application [I.A. No.1/2024] is allowed and the order dated 07.11.2024 is recalled. The petition stands disposed of for the aforesaid reasons because an unsuccessful plaintiff cannot seek any assistance from the police. SD/- (B M SHYAM PRASAD) JUDGE AN/-