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2025 DAILYLAW 69208 (KAR)

SRI H KEMPAHANUMAIAH v. THE STATE OF KARNATAKA

WP/22835/2025 · 2025-08-13

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31302 WP No. 22835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22835 OF 2025 (GM-POLICE) BETWEEN: 1. SRI H KEMPAHANUMAIAH S/O LATE HANUMANTHAPPA, AGED ABOUT 78 YEARS, 2. SMT K H KEMPAMMA D/O H KEMPAHANUMAIAH AGED ABOUT 52 YEARS, 3. SMT K H BHAGYAMMA D/O H KEMPAHANUMAIAH AGED ABOUT 49 YEARS, 4. SMT K H KALAVATHI D/O H KEMPAHANUMAIAH AGED ABOUT 46 YEARS, 5. SMT K H HEMAVATHI D/O H KEMPAHANUMAIAH AGED ABOUT 42 YEARS, PETITIONERS 1 TO 5 ARE RESIDENT OF BANJARAPALYA VILLAGE, THATAGUNI POST, KENGERI HOBLI, BANGALORE SOUTH TALUK 560067. …PETITIONERS (BY SRI.M.PRAKASHA, ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31302 WP No. 22835 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560 001. 2. THE STATION HOUSE OFFICER KAGGALIPURA POLICE STATION, BENGALURU 560067. …RESPONDENTS (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO DIRECTING THE 2ND RESPONDENT TO PROTECT THE POSSESSION AND INTEREST OVER THE SCHEDULE 'A' PROPERTIES BELONGS TO THE PETITIONERS 2 TO 5 BY IMPLEMENTING THE ORDERS PASSED BY THIS HONBLE COURT IN W.P. NO. 22309/2022 (GM-CPC) DATED 23.11.2022 AND THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S NO.1092/2022 DATED 09.06.2025 WHICH ARE PRODUCED AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31302 WP No. 22835 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have sought for direction to the second respondent, and the petitioners' request is in the following words: To issue writ of mandamus directing the 2nd respondent to protect the possession and interest over the schedule 'A' properties belongs to the petitioners 2 to 5 by implementing the orders passed by this Hon'ble Court in W.P.No.22309/2022 [GM-CPC] dated 23.11.2022 and the Judgment and Decree passed by the Trial Court in O.S.No.1092/2022 dated 09.06.21025 which are produced at Annexures-A and B. The petitioners rely upon the orders of this Court in W.P.No.22309/2022 [GM-CPC], which is disposed of on 23.11.2022, and the subsequent decree dated 09.06.2025 in O.S.No.1092/2022. The writ petition in W.P.No.22309/2022 was as against the interim order of the Civil Court in such suit. - 4 - HC-KAR NC: 2025:KHC:31302 WP No. 22835 of 2025 Mr. M.Prakasha, the learned counsel for the petitioners, and Mrs. K.P.Yashodha, the learned Additional Government Advocate who is called upon to accept notice for the respondents, are heard for final disposal. This Court must observe that the petitioners allege there is disobedience with the decree in a suit. The petitioners must necessarily avail remedy under the provisions of Order XXI of Code of Civil Procedure, 1908 and there is no occasion for interference otherwise. Hence, the petition stands disposed of subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr