SRI. MANJAPPA v. SRI. BASAVARAJ @ BASAVANTHA BHOVI
WP/34157/2025 · 2025-12-05
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81478 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81478 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51105 WP No. 34157 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 34157 OF 2025 (GM-CPC) BETWEEN:
1.
SRI. MANJAPPA S/O NAGABHOVI, AGED ABOUT 48 YEARS,
2.
SRI HANUMANTHAPPA, S/O NAGABHOVI, AGED ABOUT 45 YEARS,
BOTH PETITIONERS ARE R/AT MALLESHWARA, KOLKERE VILLAGE, CHANNAGIRI TALUKU, DAVANAGERE DISTRICT -577213. …PETITIONERS (BY SRI RUDRAPPA P, ADVOCATE) AND:
1.
SRI BASAVARAJ @ BASAVANTHA BHOVI, S/O HANUMANTHAPPA BHOVI, AGED ABOUT 76 YEARS, R/AT MEDUGONDANAHALLI VILLAGE, CHANNAGIRI TALUKU, DAVANAGERE DISTRICT -577213.
2.
SMT VENKATAMMA, D/O LATE HANUMANTHA BHOVI, W/O LATE VENKATAPPA, AGED ABOUT 86 YEARS, R/AT MALLESHWARA, KOLKERE VILLAGE, CHANNAGIRI TALUKU, DAVANAGERE DISTRICT -577213.
Digitally signed by C HONNUR SAB Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51105 WP No. 34157 of 2025
3.
SMT. LAKSHMAMMA, D/O LATE HANUMANTHA BHOVI, W/O LATE DYAMAPPA, AGED ABOUT 79 YEARS, R/AT DONDURU VILLAGE, TERIKERE TALUKU, CHIKKAMANGALURU DISTRICT - 577228.
4.
SMT THIMMAKKA, W/O LATE GOVINDAPPA, AGED ABOUT 66 YEARS,
5.
SMT ANASUYAMMA, W/O LATE VENKATESHAPPA, AGED ABOUT 47 YEARS, RESPONDENTS NO.4 AND 5 ARE R/AT MEDUGONDANAHALLI VILLAGE, CHANNAGIRI TALUKU, DAVANAGERE DISTRICT -577213.
6.
SRI CHANNARI @ BENNUR, S/O RANGA, AGED ABOUT 80 YEARS,
7.
SRI KESHAVA @ KESHAVA RAO, S/O MAADDAR @ MADDUR RAO, AGED ABOUT 81 YEARS, RESPONDENTS NO.6 AND 7 ARE R/AT KOLKERE VILLAGE, CHANNAGIRI TALUKU, DAVANAGERE DISTRICT -577213. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 01.09.2025 PASSED BY SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI IN OS NO. 17/2024 REJECTED IA NO. 4 UNDER SECTION 151 OF CPC PRODUCED AT ANNX-C BY ALLOWING THE IA NO.4 FILED BY THE PETITIONERS/ DEFENDANTS NO.2 AND 3 UNDER I.A. NO.4 UNDER SECTION 151 OF CPC IN OS NO.17/2024 (PRODUCED AT ANNX-D).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:51105 WP No. 34157 of 2025
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER Heard the learned counsel appearing for the petitioners.
2. Petitioners are before this Court assailing the order rejecting the application seeking police protection.
3. Police protection is sought against the plaintiff and defendants No.4 to 6 to implement the decree in R.A. No.23/2021. The Trial Court has rejected the said application on the premise that the application seeking police protection has serious consequences and the Court has held that no case is made out, to grant protection. The Court has also observed that in case the decree for injunction is violated by any of the
judgment debtors then the plaintiff has to file appropriate application to proceed against the judgment debtors who have violated the decree.
4. It is also noticed that there is no decree of injunction against the plaintiffs.
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HC-KAR NC: 2025:KHC:51105 WP No. 34157 of 2025
5. Under these circumstances, this Court does not find any reason to interfere with the order passed by the Trial Court.
6. Accordingly petition is dismissed.
7. The decree holder/petitioner is at liberty to avail such remedy as advised in law notwithstanding the dismissal of the present petition.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
BRN List No.: 1 Sl No.: 17