- 1 - HC-KAR CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28899 OF 2026 (GM-CPC) BETWEEN: 1. MR SHASHANK B REDDY AGED ABOUT 28 YEARS, S/O M S BABU REDDY, 2. SMT. SABITHA AGED ABOUT 61 YEARS W/O M.S.BABU REDDY, BOTH ARE RESIDING AT NO. 108-04-97 2ND MAIN, M.S.R. LAYOUT, MARATHAHALLI OUTER RING ROAD, MUNNEKOLALA, MARATHAHALLI COLONY BENGALURU - 560037. …PETITIONERS (BY MS. HARSHITHA S., ADVOCATE) AND: 1. SRI SUBBAPPA S/O MUNISWAMAPPA, AGED ABOUT 70 YEARS, RESIDING AT C.K.NAGARA, HOSUR ROAD, ELECTRONIC CITY, BENGALURU - 560100. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 2. SRI YELLAPPA S/O LATE KAKAPPA AGED ABOUT 67 YEARS, 3. SMT. ROOPA DAUGHTER IN LAW OF YELLAPPA, AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.31, 7TH CROSS, NETAJI BADAVANE, HARIJANA COLONY, NEAR SHREE VARI CLINIC, OPP. ROAD, MUNNEKOLALA, MARATHAHALLI POST BENGALURU - 560037. …RESPONDENTS (VIDE ORDER DATED 21.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLING FOR THE RECORDS AND QUASHING/SET ASIDE THE ORDER DATED 05.09.2026 PASSED BY THE LEARNED CCH-73, CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, INSOFAR AS I.A. NO.2/2026 IN O.S. NO.25914/2026 SEEKING POLICE PROTECTION HAS BEEN MERELY ORDERED TO BE NOTIFIED TO THE RESPONDENTS, AS EVIDENCED BY THE DAILY ORDER SHEET PRODUCED AS ANNEXURE-A, AND CONSEQUENTLY DIRECT THE LEARNED TRIAL COURT TO CONSIDER AND PASS APPROPRIATE ORDERS ON I.A. NO.2/2026 FORTHWITH, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER 1. The petitioners have filed O.S. No.25914/2026 seeking a declaration and injunction in respect of the suit schedule property. 2. The Trial Court, by order dated 28.08.2026, directed the defendants to maintain status quo as on that date in respect of the suit schedule property. Alleging violation of the said order of status quo, the petitioner filed a miscellaneous petition under Order XXXIX Rule 2A of the CPC, wherein notice was issued to the defendants. As the alleged violation of the order of status quo continued, the petitioner filed an application under Section 151 of the CPC, seeking police protection for implementation of the order of status quo. 3. The Trial Court, by order dated 05.09.2026, considering that the miscellaneous petition had been filed under Order XXXIX Rule 2A of the CPC for violation of the order of status quo, directed issue of notice to the defendants. - 4 - HC-KAR CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 4. Learned counsel appearing for the petitioners submits that, during the pendency of this petition, the respondents are putting up temporary constructions and attempting to create third-party rights. 5. Prima facie, the Trial Court was not justified in declining to grant police protection merely on the ground that a miscellaneous petition under Order XXXIX Rule 2A of the CPC was pending. When the Trial Court has directed the parties to maintain status quo, it is incumbent upon the Trial Court to ensure that the said interim order is not violated by either of the parties. 6. In that view of the matter, this Court is inclined to entertain the petition. In view of the limited order proposed to be passed by this Court, notice to the respondents is dispensed with. 7. The application filed under Section 151 of the CPC seeking police protection for implementation of the order of status quo dated 28.08.2026 is hereby allowed. - 5 - HC-KAR CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 It is stated that the suit schedule property falls within the jurisdiction of Marathahalli Police Station. The Marathahalli Police are hereby directed to extend police protection to the petitioners and ensure effective implementation of the interim order of status quo. 8. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 41