Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 81594 (KAR)

SRI VENUGOPAL A M v. STATE OF KARNATAKA

WP/29271/2025 · 2025-09-24

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29271 OF 2025 (GM-POLICE) BETWEEN: 1. SRI VENUGOPAL A M S/O MUNIRAJAPPA.P, AGED ABOUT 38 YEARS, R/AT NO.46, NEAR CHURCH, ADIGONDANAHALLI, MUTHANALLUR POST, ANEKAL TALUK, BANGALORE DISTT. 2. SRI. SHIVASHANKAR. V S/O VENKATASWAMY, AGED ABOUT 40 YEARS, R/AT NO. 360, ADIGONDANAHALLI VILLAGE, MUTHANALLUR POST, ANEKAL TALUK, BANGALORE DISTRICT. …PETITIONERS (BY SRI. S KALYAN BASAVARAJ.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME M.S. BUILDING DR. AMBEDKAR ROAD, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. CIRCLE INSPECTOR OF POLICE HULIMAVU POLICE STATION HULIMAVU BENGALURU - 560 076. 3. SUB-INSPECTOR OF POLICE HULIMAVU POLICE STATION HULIMAVU BENGALURU - 560 076. …RESPONDENTS 4. SRI. PRADEEP P SHAH S/O LATE PUJALAL SHAH AGED ABOUT 65 YEARS 5. SRI SHARAGH P SHAH S/O LATE PUJALAL SHAH AGED ABOUT 69 YEARS BOTH ARE R/AT NO. 16 3RD FLOOR RAJA BUILDING NARANG CHAMBERS, N R ROAD, - 3 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 BENGALURU - 560 002. …PROPOSED RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA FOR R1 AND R2; SRI. K. VIJAY KUMAR, ADVOCATE FOR PROPOSED RESPONDENTS) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R2 AND 3 TO HANDOVER THE KEY OF THE LOCK WHICH IS PUT TO THE GATE WHICH IS ERECTED IN FRONT OF THE SUIT PROPERTY AND FURTHER DIRECT THE RESPONDENTS NOT TO INDULGE WITH THE PROPERTY OF THE PETITIONERS UNLESS AND UNTIL BY DIE PROCESS OF LAW OR ANY DIRECTION OR DIRECTIONS ISSUED BY THIS HONORABLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 ORAL ORDER The petitioners' cause for the present petition is the alleged unjustified interference by the respondents/Police authority. This Court, when the petition was mentioned, had permitted Sri Rahul Cariappa, the learned Additional Government Advocate, to secure instructions. The learned Additional Government Advocate, in the presence of the concerned Police, states that to the knowledge of the officers there was a civil Court's order to maintain status quo but there was everyday effort to break open the lock at the gate and enter and that therefore the officers have locked the gate and handed over the key to the security at the property to ensure that the status quo order is obeyed. As against this submissions, when queried, both Sri Kalyan Basavaraj, the learned counsel for the petitioners and Sri K. Vijay Kumar, who has filed an application for the impleading applicants, submit - 5 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 that [a] the petitioners have indeed in an application for temporary injunction in the suit in OS No.582/2025 on the file of the I Additional Civil Judge, Bengaluru Rural District, Bengaluru but that order is set aside in the Miscellaneous Appeals in MA 71/2025 and 76/2025 by the appellate Court, [b] the petitioners have unsuccessfully called such orders in question in writ petitions in W.P.No. 25654/2025 and W.P.No. 256453/2025, which are disposed of on 16.09.2024 [c] the order of this Court in such writ petitions is yet to be released. Sri Kalyan Basavaraj submits that once the order is released, the petitioners propose to avail their remedy as permissible in law with the apex Court. These submissions are taken on record and when queried, Sri K.Vijaya Kumar submits that the keys have been handed over by the Police to the Security employed by the applicants, an assertion which is contested. However, this Court is of the - 6 - HC-KAR NC: 2025:KHC:39039 WP No. 29271 of 2025 view that the petition must be disposed of taking on record the submission of Sri K. Vijaya Kumar that the applicants will not open the lock at the gate subject to the result of the Special Leave Petition that may be preferred by the petitioners. ORDER The petition stands disposed of taking on record the submission of the learned counsel for the applicants that the applicants will not open the lock at the gate subject to the result of the Special Leave Petition that may be filed by the petitioners. The application for impleadment also stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE NV