- 1 - HC-KAR NC: 2025:KHC-D:11909 WP No. 106742 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106742 OF 2025 (GM-CPC) BETWEEN: 1. SMT. NIRMALA W/O. NAGESH PATTED, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD 582201. 2. IRANNA S/O. NAGESH PATTED, AGE: 15 YEARS, OCC. STUDENT, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD 582201. 3. RAMESH S/O. NAGESH PATTED AGE: 14 YEARS, OCC. STUDENT, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD 582201. PETITIONER NO.2 AND 3 BEING MINORS ARE REPRESENTED BY PETITIONER NO.1, THE NATURAL MOTHER. …PETITIONERS (BY SRI. CHETANA S. BIRAJ, ADVOCATE) AND: 1. SRI. CHANDRASHEKHAR S/O. ANDANAPPA PATTED, AGE: 65 YEARS, OCC. AGRICULTURE, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD-582201. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11909 WP No. 106742 of 2025 2. SHIVANAND S/O. CHANDRASHEKHAR PATTED, AGE: 38 YEARS, OCC. AGRICULTURE, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD-582201. 3. SHANTAVVA D/O. CHANDRASHEKHAR PATTED, AGE: 55 YEARS, OCC. AGRICULTURE, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD-582201. 4. DEEPA W/O SHIVANAND PATTED, AGE: 30 YEARS, OCC. HOUSEHOLD, R/O. HALLEKERI, TAL. ANNEGERI, DIST. DHARWAD-582201. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ORDER 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER AT ANNEXURE-A DATED. 08-09-2025 PASSED BY THE CIVIL JUDGE AND JMFC, NAVALGUND ON IA NO. IV IN OS NO. 204/2025, THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:11909 WP No. 106742 of 2025 i. Issue a writ of certiorari quashing the order at Annexure-A dated 08-09-2025 passed by The Civil Judge and JMFC, Navalgund on IA No. IV in OS No. 204/2025, the interest of justice and equity. ii. Issue such other writ or order or direction as deemed fit in the interest of justice and equity. 3. The grievance of the petitioners is that, though the petitioners had been granted an ex-parte order of injunction on 10.07.2025, the application which had been filed by the petitioners for police help to implement the said order has been kept in abeyance until adjudication of I.A.No.1 vide order dated 08.09.2025. 4. The submission of learned counsel for the petitioners is that, the petitioners being required to harvest crops and the same is being interfered with by the respondents contrary to the interim order which had been passed, the trial Court ought to have considered the application in I.A.No.4 for police help. 5. I am of the considered opinion that the interim ex- parte order which had been passed would not be - 4 - HC-KAR NC: 2025:KHC-D:11909 WP No. 106742 of 2025 amenable for police protection, and as such, as rightly held by the trial Court, until adjudication of I.A.No.1, I.A.No.4 could be kept in abeyance. However, it would be required for the trial Court to dispose of I.A.No.1 in a time-bound manner. Hence, directing the trial Court to dispose of the said I.A.No.1 within 30 days from the date of receipt of a copy of this order, the petition stands disposed of. 6. The petitioner is also permitted to file necessary application before the trial Court seeking permission to harvest the crops with a condition to deposit the amounts received from the sale of such harvested crops, which shall be considered by the trial Court on merits. 7. Hand delivery of this order is permitted. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 43