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2026 DAILYLAW 18752 (KAR)

D LAKSHMI NARAYANA REDDY v. VENKATAPPA

WP/23680/2021 · 2026-06-03

Vijaykumar A Patil

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26189 W.P. No.23680/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.23680/2021 (GM-CPC) BETWEEN: 1. D. LAKSHMI NARAYANA REDDY S/O YERIKALA REDDY AGED ABOUT 73 YEARS RESIDING AT NO.61, 4TH CROSS KODIHALLY, ULSOOR (POST) BENGALURU-560008. 2. A.N. THULASI RAM S/O LATE NAGARAJ A.C. AGED ABOUT 60 YEARS RESIDING AT NO.148, 6TH MAIN H.H.R.W. LAYOUT BENGALURU-560061. …PETITIONERS (BY SMT. LOKESHWARI, ADV., FOR SRI. A. RAVISHANKAR, ADV.,) AND: 1. VENKATAPPA S/O THIMMARAYAPPA MAJOR IN AGE. 2. NAGARAJ S/O VENKATAPPA MAJOR IN AGE. RESPONDENT NOS.1 & 2 ARE RESIDENTS OF KENCHANAPURA VILLAGE KENGERI HOBLI Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26189 W.P. No.23680/2021 BANGALORE SOUTH TALUK BANGALORE-560091. …RESPONDENTS (BY SRI. SRI RAMA REDDY B.C. ADV., FOR R1 & R2) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.27.11.2021 PASSED IN O.S.NO.705/2016 BY THE LEARNED PRINCIPAL CIVIL JUDGE BENGALURU RURAL DISTRICT BENGALURU, PRODUCED AT ANENXURE-S. ALLOW THE APPLICATION FILED BY THE PETITIONERS DTD.3.7.2017 IN IA NO.5 FILED UNDER SECTION 151 OF CPC IN O.S.NO.705/2016 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE BENGLAURU RURAL DISTRICT BENGALURU PRODUCED AT ANNEXURE-Q & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 27.11.2021 passed on I.A.No.5 in O.S.No.705/2016 by the Principal Civil Judge, Bangalore Rural District, Bangalore. 2. Heard Smt.Lokeshwari, learned counsel appearing for Sri.A.Ravishankar, learned counsel for the petitioners and Sri.Srirama Reddy B.C., learned counsel appearing for the respondent Nos.1 and 2. - 3 - HC-KAR NC: 2026:KHC:26189 W.P. No.23680/2021 3. The present petition is filed assailing the order of the Trial Court on an application filed by the petitioners- plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking a direction to the Station House Officer, Tavarekere Police Station, Magadi Circle, Ramanagara, to implement the order dated 25.05.2016 passed on I.A.No.2 in O.S.No.705/2016. The Trial Court, under the impugned order has rejected the said application mainly on the ground that the police protection or assistance was sought based on the order dated 25.05.2016 which was an ex parte order. The records indicate that the Trial Court later rejected the petitioners’ application filed under Order XXXIX Rule 1 and 2 of the CPC, on 10.07.2025 which was assailed in M.A.Nos.86/2025 and 87/2025 by the petitioners as well as the respondents herein and the Appellate Court allowed the appeal on 07.01.2026. It is to be noticed that the application seeking police protection was filed based on the ex parte temporary injunction granted by the Trial - 4 - HC-KAR NC: 2026:KHC:26189 W.P. No.23680/2021 Court on 25.05.2016 and later, the order was varied by the Trial Court and again, the Appellate Court has granted temporary injunction. In view of the subsequent event, I am of the considered view that the application filed by the petitioners-plaintiffs seeking police protection based on the ex parte temporary injunction would not survive for consideration and no orders are required to be passed in this petition. It is needless to observe that it is open for the plaintiffs in O.S.No.705/2016 to seek police assistance if the temporary injunction order granted by the Appellate Court is violated by the defendants, in accordance with law and if such a prayer is made, it is always open for the defendants to oppose such application. 4. With the aforesaid observation, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 36