Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010126682026 NC: 2026:KHC:37180 WP No. 5307 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5307 OF 2026 (GM-CPC) BETWEEN:
1.
SMT. BHARATHI. V W/O RAVISHANKAR H.R, AGED ABOUT 55 YEARS
2.
SRI RAVISHANKAR.H.R S/O LATE RAMACHANDRAIAH H.M., AGED ABOUT 62 YEARS,
BOTH ARE RESIDING AT R/AT 'UJWAL' BESIDE SRE PETROL BUNK, SRIVARI COLONY, CHITRADURGA- 577 501 …PETITIONERS (BY SRI. SHANKARAPPA, ADVOCATE)
AND:
1.
RAJU D., S/O LATE DHANJAYA REDDY AGED ABOUT 41 YEARS R/AT NO.57, 1ST CROSS, BANK COLONY CHITRADURGA -577 501
2.
SRI RAVISHANKAR H.R., S/O LATE RAMACHANDRAIAH H.M., AGED ABOUT 62 YEARS, RESIDING AT R/AT 'UJWAL' BESIDE SRE PETROL BUNK, SRIVARI COLONY,
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010126682026 NC: 2026:KHC:37180 WP No. 5307 of 2026
CHITRADURGA- 577 501 …RESPONDENTS (BY SRI.HARISH N.R., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE OCNSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER ON IA NO. 5 U/S 151 OF CPC DATED: 07.02.2026 AS ANNEXURE-L PASSED BY THE ADDL. CIVIL JUDGE AND JMFC HIRIYUR IN OS NO.81/2024 IN FAVOUR OF THE RESPONDENT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the order dated 07.02.2026 passed in I.A.No.5 in O.S.No.81/2024 by the Addl. Civil Judge and JMFC at Hiriyuru, the petitioners/defendants are before this Court.
2. The respondent herein has filed a suit, O.S. No. 81/2024, seeking a bare injunction. In the said suit, he has filed an I.A. seeking an ad-interim injunction restraining the defendants from interfering with his agricultural operations. That was passed by the trial Court on 11.07.2024. Thereafter, the petitioners/defendants have carried this in appeal, and the same is pending consideration. In the meantime, the petitioner has filed IA No. 5 seeking police protection. That came to be
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HC-KAR
CNR: KAHC010126682026 NC: 2026:KHC:37180 WP No. 5307 of 2026
ordered by the impugned order, whereby the trial Court has
directed the PSI, Abbinahole Police Station, to provide necessary police protection to the plaintiff for the effective implementation of the order passed by the Court on IA No.1, and to ensure that the defendants do not obstruct the plaintiff from carrying out agricultural activities in the suit schedule properties strictly in accordance with law. The police protection shall be limited only to the implementation of the injunction
order and shall not be construed as a declaration of title or possession.
3.
Learned counsel appearing for the respondents submits that the defendants are in possession of the property. When the police went to the property to execute the order, they found that the plaintiff was not in possession of the property, and, in that regard, they have placed a report before the trial Court. It is submitted that the plaintiff, who is not in possession of the property, has filed a suit for injunction and has also obtained an interim injunction. It is submitted that before filing the suit, the petitioner herein, who is the defendant in this suit, has filed O.S.No.315/2023 seeking a
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HC-KAR
CNR: KAHC010126682026 NC: 2026:KHC:37180 WP No. 5307 of 2026
declaration of his title by adverse possession and an injunction. It is submitted that, in these circumstances, the impugned
order needs to be set aside.
4.
Learned counsel appearing for the respondent submits that in the suit for declaration filed by the petitioner herein, when the petitioner sought an interim injunction, the same was rejected. According to the learned counsel for the respondent, the order has already been passed, and police protection has been granted.
5. Having heard the learned counsels on either side, perused the material on record. Admittedly, an interim injunction was granted against which an appeal is filed by the petitioner herein, and the application that is filed by the plaintiff seeking police protection under Section 151 CPC is allowed by the trial Court. The petitioner is before this court, aggrieved by the said order. As long as the order of interim injunction is in substance, the court cannot find fault with the grant of an order of police protection under Section 151 CPC. Now before this Court, several submissions are made with regard to the police report and revenue report. The learned counsel for the
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HC-KAR
CNR: KAHC010126682026 NC: 2026:KHC:37180 WP No. 5307 of 2026
respondent made contra submissions, stating that the order already granted by the Court has been worked out and that police protection has been granted to the petitioner. In the light of these submissions made before this Court as far as the order impugned is concerned, this Court do not find any reason to interfere. Accordingly, this Court is passing the following:
ORDER i. Accordingly, the writ petition is dismissed. ii. The petitioner is at liberty to avail the appropriate remedy before the police with regard to any subsequent development pursuant to the order impugned. iii. It is made clear that this Court has not expressed anything on the merits of the matter. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 53