- 1 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.4065/2026 (GM-POLICE) BETWEEN: SMT.PRATHIBHA RAI W/O DR.ATMARANJAN RAI AGED ABOUT 67 YEARS R/AT NO.3/25, NANDA DEEPA PANEMANGALORE HOUSE, NARIKOMBU, DAKSHINA KANNADA, KARNATAKA - 574 231 …PETITIONER (BY SRI.VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI.MAHAJAN B K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA HOME DEPARTMENT, VIDHANASOUDHA, REP. BY ITS SECRETARY, BANGALORE 2. STATE OF KARNATAKA BY SUPERINTENDENT OF POLICE DAKSHINA KANNADA DISTRICT, KARNATAKA - 575 001 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 BENGALURU-560 001 3. STATE OF KARNATAKA BY BANTWAL RURAL POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001 4. THE TAHSILDAR, BANTWAL TALUK DAKSHINA KANNADA KARNATAKA - 574 231 5. THE SURVEYOR, BANTWAL TALUK OFFICE OF THE TAHASILDAR, BANTWALA TALUK, DAKSHINA KANNADA DISTRICT KARNATAKA - 574 231 …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT RESPONDENT NOS.01 TO RESPONDENT NO.03 TO PROVIDE ADEQUATE AND EFFECTIVE POLICE PROTECTION AT THE SCHEDULE PROPERTY FOR THE PURPOSE OF IMPLEMENTING AND ENFORCING THE SUBSISTING INJUNCTION ORDER PASSED IN O.S. NO.347/2025 DATED 14.10.2025 THE LEARNED TRIAL COURT, AS ANNEX-N; B) DIRECT RESPONDENT NO.03, THE JURISDICTIONAL POLICE AUTHORITY, TO REMAIN PRESENT AT THE SCHEDULE PROPERTY AS AND WHEN REQUIRED TO PREVENT ANY INTERFERENCE BY NOBERT D'SOUZA, HIS ASSOCIATES, OR ANY PERSONS ACTING AT HIS BEHEST. - 3 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed a suit for permanent injunction against Mr. Norbert D'Souza in O.S.No.347/2025 on the file of the Principal Civil Judge and JMFC, Bantwal [for short, 'the civil Court']. The civil Court has, by its order dated 14.10.2025, restrained the afore from interfering with the petitioner's peaceful possession of the subject property. The petitioner seeks directions to the jurisdictional police to extend adequate and effective protection for implementing and enforcing the civil Court's ex parte order of injunction. 2. Mr. Vikram Huilgol, the learned Senior counsel for the petitioner, submits that the petitioner is constrained to approach this Court with the prayer for direction to the jurisdictional police because Mr. Nobert D'Souza has not completed his pleadings - 4 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 [or even on the interim application] despite multiple opportunities and that he has also obstructed consideration of an application filed under Section 151 of the Code of Civil Procedure, 1908 [for short, 'CPC'] for specific directions to the jurisdictional police for implementing its orders. The learned Senior counsel elaborates contending that the subject property as claimed by the petitioner is duly marked after a survey but Mr. Norbert D'Souza and his family members are interfering with the petitioner's possession notwithstanding the same. Ms. Saritha Kulkarni, a learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard in the light of the afore. 3. This Court opines that if there is to be any specific direction to the jurisdictional police on the measures that must be taken when the civil Court is seized of the application for temporary injunction, such directions must be by the civil Court and the - 5 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 appropriate direction must be issued after considering all the circumstances. As it is stated that the applications are pending but there is an effort to protract decision on the same, this Court is persuaded to dispose of this petition calling upon the civil Court to decide the pending applications, and if there is continued requests for completing the pleadings on an interim application for temporary injunction, at least the application under Section 151 of CPC for immediate police protection. Hence, the following. ORDER The petition stands disposed of with liberty to the petitioner to file a certified copy of this order with the civil Court calling upon the civil Court to decide on the pending applications expeditiously observing that if there is any delay because of the defendant in deciding on the application for temporary injunction, the - 6 - HC-KAR NC: 2026:KHC:8007 WP No. 4065/2026 civil Court shall consider the petitioner's request for immediate directions to extend police assistance at the earliest but with due opportunity to the defendant. Sd/- (B M SHYAM PRASAD) JUDGE RB