- 1 - HC-KAR NC: 2025:KHC:40934 WP No. 30906 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.30906 OF 2025 (GM-CPC) BETWEEN: SRI MANJUNATHA S/O.LATE KEMPANNA AGED ABOUT 62 YEARS R/AT RANGAIAHNAPALYA VILLAGE KAMBATHANAHALLI POST GULURU HOBLI TUMKUR TALUK …PETITIONER (BY SRI M.D.RAGHUNATH FOR SRI R.S.UMESH, ADVOCATES) AND: SRI R.R.RAMESH S/O.SRI T.R.RANGAIAH @ RANGASWAMAIAH AGED ABOUT 49 YEARS R/AT RANGAIAHNAPALYA VILLAGE KAMBATHANAHALLI POST GULURU HOBLI TUMKUR TALUK …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.09.2025 PASSED ON AN INTERLOCUTARY APPLICATION IN O.S.NO.621/2023 BY III ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU VIDE ANNEXURE-L. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40934 WP No. 30906 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. This Court does not find any need or necessity to issue notice to the respondents. 3. The petitioner is before this Court questioning the order dated 27.09.2025 passed on an interlocutory application in O.S.No.621/2023 by III Additional Civil Judge and JMFC, Tumakuru, whereby the trial Court has allowed the application filed by the respondent herein for providing Police protection. 4. It is the contention of learned counsel for petitioner that the is the defendant in the original suit proceedings and the application filed by the respondent- plaintiff in the original suit proceedings under Order XXXIX Rules 1 and 2 of CPC came to be allowed. Aggrieved by which, the petitioner has preferred a miscellaneous appeal in M.A.No.34/2025, which is pending adjudication before the Senior Civil Judge, Tumakuru. However, no interim - 3 - HC-KAR NC: 2025:KHC:40934 WP No. 30906 of 2025 order has been passed. Taking advantage of the situation, the respondent-plaintiff has moved an application before the trial Court seeking Police protection which has been allowed. In the guise of taking Police protection, the apprehension of the petitioner is that he would be dispossessed from the suit schedule property. 5. Admittedly, a miscellaneous appeal in MA.No. 34/2025 is pending, wherein the order passed by the trial Court is questioned by the petitioner. However, it would not be appropriate for this Court to decide the matter on merits when already the matter is seized before the appeal Court in M.A.No.34/2025. Therefore, it would be appropriate to direct the appeal Court in M.A.No.34/2025 to decide the matter in a time bound manner on the application so filed by the petitioner before it, aggrieved by the order passed by the trial Court. Till then, some relief would have to be granted to the petitioner, so that, the rights would be protected. - 4 - HC-KAR NC: 2025:KHC:40934 WP No. 30906 of 2025 6. Under the circumstances, I pass the following: ORDER i) This petition is disposed off; ii) The appeal Court i.e. the Senior Civil Judge, Tumakuru, is directed to dispose of the application filed by the petitioner in MA.No.34/2025 within a period of one week from the date of receipt of a copy of this order by providing suitable opportunity to both parties; iii) Till then, the order dated 27.09.2025 passed on an application in O.S.No.621/2023 by the trial Court shall be kept in abeyance; iv) It is made clear that this Court has not expressed any opinion on merits of the matter; v) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 3 Sl No.: 3