- 1 - HC-KAR CNR: KAHC010513802026 NC: 2026:KHC:42139 WP No. 23144 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23144 OF 2026 (GM-POLICE) BETWEEN: 1. MR. PUTTEGOWDA S/O. LATE MADEGOWDA @ MUGEGOWDA, AGED ABOUT 50 YEARS, 2. MR.MAHADEVAIAH S/O. LATE MADEGOWDA @ MUGEGOWDA, AGED ABOUT 49 YEARS, BOTH ARE PERMANENT R/OF TAGADEGOWDANADODDI VILLAGE, KANAKAPURA TALUK, BANGALORE SOUTH TALUK-562 119. … PETITIONERS (BY SRI. KIRAN N., ADVOCATE) AND: 1. THE ADDITIONAL CHIEF SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE SUPERINTENDENT OF POLICE, BANGALORE SOUTH DISTRICT, RAMANAGARA - 562 159. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHANNAPATTANA AND KANAKAPURA CIRCLE, RAMANAGARA-562 159. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513802026 NC: 2026:KHC:42139 WP No. 23144 of 2026 4. THE STATION HOUSE OFFICER, KODIHALLI POLICE STATION, KANAKAPURA TALUK, KANAKAPURA-HUNASANAHALLI ROAD, KODI HALLI, KANAKAPURA - 562 119. (REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA) … RESPONDENTS (BY SRI. PANINI A.H., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS SUBMITTED ON 03.07.2026 APPENDED VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: 1. To direct the respondent no.1 to 3 to consider the representation of the petitioners submitted on 03.07.2026 appended vide ANNEXURE E. 2. To pass such other orders as deemed fit in the circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010513802026 NC: 2026:KHC:42139 WP No. 23144 of 2026 2. The petitioners had filed a suit in O.S. No.57/2016 before the II Additional Civil Judge and JMFC at Kanakapura, which came to be decreed on 13.12.2019 restraining the defendants therein from interfering with the plaintiffs' possession and enjoyment of the suit schedule property. The Petitioners filed execution proceedings in Ex. No.6/2021 for implementing the said order. In the said execution proceedings, an application had been filed seeking for police protection to implement the judgment and decree passed in O.S. No.57/2016. Subsequently, the said application came to be allowed on 08.04.2026. 3. Subsequently, the petitioners had submitted a representation on 03.07.2026 to the respondent - Police contending that though a decree had been passed in O.S. No.57/2016, on 20.01.2021 the defendants therein had taken possession of the - 4 - HC-KAR CNR: KAHC010513802026 NC: 2026:KHC:42139 WP No. 23144 of 2026 petitioners' property and as such called upon the jurisdictional police to render police assistance in recovering the possession from the respondents / defendants in the said suit. 4. Learned Additional Government Advocate submits that the said representation could not be considered since there is no direction directing recovery of possession. Hence, without such a direction, police protection could not be given for recovery of possession. 5. There is substance and merit in the submission made by the learned AGA, inasmuch as the decree which had been passed in O.S. No.57/2016 was to restrain the defendants from interfering with the possession. Though the petitioners claim that after the decree was passed on 13.12.2019, the possession was taken over on 20.01.2021, the application in the execution proceedings was filed in the year 2026 after nearly 5 - 5 - HC-KAR CNR: KAHC010513802026 NC: 2026:KHC:42139 WP No. 23144 of 2026 years. This aspect of whether possession had been taken after the decree or not would have to be ascertained in an appropriately instituted proceeding. The decree in favour of the petitioners being only to restrain the defendants from interfering with the possession, there cannot be a direction issued to the police to recover possession and hand over to the petitioners. 6. No grounds being made out, reserving liberty to the petitioners to avail of such remedies as are available under law, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VP