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2026 DAILYLAW 2993 (KAR)

SRI R N KUMARSWAMY v. SRI JAGADEESHAIAH

WP/2700/2025 · 2026-04-09

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19775 WP No. 2700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2700 OF 2025 (GM-CPC) BETWEEN: SRI. R.N. KUMARSWAMY S/O. LATE R.C.NAGAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO.57, SURADEVANAPURA GATE, GAYATHRI LAYOUT, BANGALORE - 560 064. …PETITIONER (BY SRI. NARAYANA SWAMY P M., ADVOCATE) AND: 1. SRI. JAGADEESHAIAH S/O LATE R.C.BASAVARAJAIAH, AGED ABOUT 82 YEARS, R/ AT VENUGOPALASWAMY ROAD, RAJANUKUNTE VILLAGE, YELAHANKA TALUK, BANGALORE URBAN DISTRICT, BANGALORE - 560 064. REP. BY HIS SPA HOLDER SRI.RAVICHANDRA, S/O JAGADEESHAIAH, AGED ABOUT 59 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19775 WP No. 2700 of 2025 RESIDING AT RAVI LAYOUT, ADDEVISHWANATHAPURA ROAD, RAJANUKUNTE VILLAGE, BANGALORE NORTH, BANGALORE - 560 064. 2. SRI. VIJAYENDRA S/O LATE R.C.BASAVARAJAIAH, AGED ABOUT 72 YEARS, RESIDING AT RAJANUKUNTE VILLAGE, YELAHANKA TALUK, BANGALORE URBAN DISTRICT, BANGALORE - 560 064. 3. SRI. CHANDRASHEKAR S/O LATE SHASHIDHARAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO.101, KAKOLU ROAD, RAJANUKUNTE VILLAGE, YELAHANKA TALUK, BANGALORE URBAN DISTRICT, BANGALORE - 560 064. 4. SRI.BASAVARAJU S/O LATE SHASHIDHARAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.101, KAKOLU ROAD, RAJANUKUNTE VILLAGE, YELAHANKA TALUK, BANGALORE URBAN DISTRICT, BANGALORE - 560 064. …RESPONDENTS (BY SRI.K.P.BHUVAN, ADVOCATE FOR C/R1) - 3 - HC-KAR NC: 2026:KHC:19775 WP No. 2700 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.10.2024 PASSED IN O.S NO.1126/2022, IA NO.6 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AS PER ANNEXURE - A IN RESPECT OF THE APPLICATION UNDER SECTION 151 OF CPC FOR SEEKING POLICE HELP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition, the petitioner-defendant No.4 has called in question the order dated 30.10.2024 passed in O.S.No.1126/2022 by Prl. Senior Civil Judge, Bangalore Rural District, Bangalore (for short, the ‘Trial Court’) on I.A. filed under Section 151 of Civil Procedure Code, 1908 (for short, the ‘CPC’) whereby police protection sought by the plaintiff to implement the court order dated 22.08.2022 has been granted. 2. The respondent no.1-plaintiff filed a suit for partition and declaration and along with the plaint he filed an application under Order 39 Rule 1 & 2 of CPC seeking temporary injunction. The Trial Court by order dated 22.08.2022 granted an order of stay in respect of suit schedule - 4 - HC-KAR NC: 2026:KHC:19775 WP No. 2700 of 2025 property i.e., Sy.No.64/1. Thereafter, the respondent No.1 - plaintiff filed I.A. under Sec.151 of CPC seeking police protection to implement the court order dated 22.08.2022. Since the order passed by the Trial Court dated 22.08.2022 has not been challenged and no stay has been granted by any Court of law, the Trial Court has rightly allowed the application and directed the jurisdictional police to give protection for implementation of order dated 22.08.2022. 3. Hence, there is no error or illegality in the order passed by the Trial Court. Accordingly the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE SNB List No.: 1 Sl No.: 3