- 1 - HC-KAR NC: 2025:KHC-D:17673 WP No. 109360 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109360 OF 2025 (GM-CPC) BETWEEN: 1. BASAVANNI S/O SHIVAPPA PADEPPAGOL, AGE. 64 YEARS, OCC. AGRICULTURE, R/O. SHIRAGAON-591 309, TQ. HUKKERI, DIST. BELAGAVI. 2. MALLAPPA S/O SHIVAPPA PADEPPAGOL, SINCE DECEASED BY HIS LR’S., AND OTHERS SMT. GOURAVVA W/O MALLAPPA PADEPPAGOL, AGE. 66 YEARS, OCC. HOUSEHOLD, R/O. SHIRAGAON-591 309, TQ. HUKKERI, DIST. BELAGAVI. 3. SMT. MAHADEVI W/O BALAPPA BANDAYI, AGE. 51 YEARS, OCC. HOUSEHOLD, R/O. BENIWAD-591 309, TQ. HUKKERI, DIST. BELAGAVI. 4. ISHWAR S/O MALLAPPA PADEPPAGOL, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. SHIRAGAON-591 309, TQ. HUKKERI, DIST. BELAGAVI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17673 WP No. 109360 of 2025 5. RAMAPPA S/O MALLAPPA PADEPPAGOL, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. SHIRAGAON-591 309, TQ. HUKKERI, DIST. BELAGAVI. … PETITIONERS (BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE) AND: SMT. SUBHADRA W/O BALAPPA DODDALINGANNAVAR, AGE. 70 YEARS, OCC. HOUSEHOLD, R/O. SHIRAGAON-591 309, TQ. HUKKERI, DIST. BELAGAVI, R/BY HER P.A. HOLDER, RAJASHEKAR BALAPPA DODDALINGANNAVAR. … RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 05.11.2025 ON I.A. NO.5 AND 6 PASSED BY THE CIVIL JUDGE AND J.M.F.C., HUKKERI IN BELAGAVI E.P. NO.01/2023 PRODUCED AT ANNEXURE-H AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17673 WP No. 109360 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 05.11.2025 passed on I.A.Nos.5 and 6 by learned Civil Judge, Hukkeri in E.P.No.01/2023, granting police protection to the Decree Holder, who has obtained a decree for possession of 3 guntas of land in Sy.No.60 of Shirgaon village, Taluk Hukkeri. 2. The records would indicate that the Decree Holder is put in possession of 3 guntas of land pursuant to a survey conducted through the Court. 3. The application seeking police protection was filed by the Decree Holder as there was obstruction by the Judgment Debtor while handing over the possession of the property. The Court had granted police protection till the possession is handed over. 4. This Court does not find any error in the order granting police protection till the possession is - 4 - HC-KAR NC: 2025:KHC-D:17673 WP No. 109360 of 2025 handed over. Now it is submitted that the possession is handed over. 5. Learned counsel for the petitioner submits that the Decree Holder is obstructing the present petitioners in respect of the property not covered by the decree. If that is the case, the Judgment Debtors/petitioners have to file an appropriate proceeding to protect their property, which is not subject matter of the decree. 6. Hence, the following: ORDER i. The petition is dismissed. ii. Liberty is reserved to the petitioners to file appropriate proceeding in respect of their property, which is not the subject matter of the decree. - 5 - HC-KAR NC: 2025:KHC-D:17673 WP No. 109360 of 2025 iii. It is made clear that this order should not be construed as having held that the Decree Holder is entitled to more land other than what is covered in the decree. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 46