- 1 - HC-KAR NC: 2025:KHC:30921 WP No. 22755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22755 OF 2025 (GM-CPC) BETWEEN: 1. SRI DODDA NARASAIAH S/O LATE CHIKKAGANGAIAH AGED ABOUT 82 YEARS 2. SRI GARE RAJANNA S/O DODDA NARASAIAH AGED ABOUT 62 YEARS 3. SRI PUTTA NARASAIAH S/O LATE CHIKKA GANGAIAH AGED ABOUT 80 YEARS 4. SRI KANAKA @ GANGARAJU S/O LATE SULDASAPPA AGED ABOUT 42 YEARS 5. SRI SOMASHEKAR S/O LATE SULDASAPPA AGED ABOUT 38 YEARS 6. SMT. JAYAMMA W/O LATE OBALAIAH AGED ABOUT 67 YEARS ALL ARE R/AT LAKKENAHALLI VILLAGE THYAMAGONDLU HOBLI Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30921 WP No. 22755 of 2025 NELAMANGALA TALUK BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI N.KUMAR, ADVOCATE) AND: 1. SRI L.K.ARASU S/O LATE KADIRAIAH AGED ABOUT 75 YEARS 2. SRI NARASAIAH S/O LATE ERA LAKKAIAH AGED ABOUT 77 YEARS 3. SRI HANUMANTHARAJU S/O NARASAIAH AGED ABOUT 37 YEARS …RESPONDENTS (BY SRI S.G.PARTHASARATHY, ADVOCATE C/R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 28.06.2025 ON IA NO.5 IN O.S.NO.486/2023 PASSED BY THE HON’BLE 1ST ADDL. CIVIL JUDGE AND JMFC, NELAMANGALA VIDE ANNEXURE -Q. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30921 WP No. 22755 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners – defendant Nos.1 to 7 are before this Court seeking the following prayer: “i) Issue a Writ of Certiorari or any other appropriate writ of certiorari by quashing the impugned order dated 28.06.2025 on I.A.No.5 in O.S.No.486/2023 passed by the Hon’ble 1st Addl. Civil Judge and JMFC, Nelamangala vide Annexure – Q. ii) Pass such other order/s relief/s as this Hon’ble Court deems fit under the circumstances of the above case, in the interest of justice and equity.” 2. Heard Sri N. Kumar, learned counsel for petitioner and Sri S.G.Parthasarathy, learned counsel for respondent No.1. 3. The petitioners – defendants suffer an order of injunction, which is granted in favour of respondent No.1 – plaintiff on 30.07.2024. They challenge the said order of injunction before the first appellate Court in M.A.No.30/2024, which is pending even today. In the proceedings before trial Court, respondent No.1 – plaintiff files an application – I.A.No.1 under Order XXXIX Rule 2(A) r/w. Section 151 of the CPC seeking appropriate action against the defendants for - 4 - HC-KAR NC: 2025:KHC:30921 WP No. 22755 of 2025 disobedience of the order of injunction, even this application is pending before the trial Court. In the teeth of the two proceedings pending, the plaintiff prefers an application – I.A.No.5 under Section 151 of the CPC seeking police protection, which comes to be allowed by the impugned order dated 28.06.2025. That order is under challenge in the subject petition, by defendants No.1 to 7. 4. In the light of the pendency of the M.A.No.30/2024 before the first appellate Court and the application – I.A.No.4 before the trial Court, I deem it appropriate not to interfere at this stage of the proceedings. 5. Learned counsel for the petitioners would now submit that the petitioners be reserved liberty to urge all the contentions before the first appellate Court that is now projected before this Court. 6. In the light of the aforesaid submissions, reserving such liberty to urge all the contentions before the concerned - 5 - HC-KAR NC: 2025:KHC:30921 WP No. 22755 of 2025 Courts, writ petition stands disposed. The order impugned is not interfered with. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 95 CT:SS