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2026 DAILYLAW 43597 (KAR)

SMT JAYANTHI v. SMT MARY CECILIA A

WP/11564/2026 · 2026-09-28

C M Poonacha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010254092026 NC: 2026:KHC:53672 WP No. 11564 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 11564 OF 2026 (GM-POLICE) BETWEEN: 1. SMT JAYANTHI W/O LATE. ANTHONY, AGED ABOUT 60 YEARS, R/AT NO 614/9, KASABA, OLD KESERE VILLAGE, MYSORE 570007 …PETITIONER (BY SRI. RAMESH M C.,ADVOCATE) AND: 1. SMT MARY CECILIA A D/O ANTHONY, R/AT NO 1742, 13TH CROSS, ASHOKAPURAM, MYSORE-570008. 2. NARASIMHA RAJA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR MYSORE. …RESPONDENTS (BY SRI. A.S. HARISHA, AGA FOR R2 R1 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE JURISDICTIONAL POLICE (NARASIMHARAJA POLICE STATION - 2 - HC-KAR CNR: KAHC010254092026 NC: 2026:KHC:53672 WP No. 11564 of 2026 MYSURU CITY) TO PROVIDE PROTECTION TO REMOVE THE LOCK OF SUIT SCHEDULE PROPERTY AND PASS ANY SUITABLE ORDERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "Praying to direct the Jurisdictional Police (Narasimharaja Police Station, Mysuru City) to provide protection to remove the lock of suit schedule property. and pass any suitable orders in the interest of justice." 2. It is the case of the petitioner that she has filed a suit (OS No.143/2026) before the Court of Principal Civil Judge and JMFC, Mysuru, for injunction against respondent No.1 (Annexure-B to the writ petition). In the said suit, the petitioner filed IA No.I under order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 for injunction and the Trial Court vide order dated on 07.02.2026 (Annexure- A to the writ petition), restrained the defendant therein Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010254092026 NC: 2026:KHC:53672 WP No. 11564 of 2026 (respondent No.1 herein) from interfering with the peaceful possession of the suit schedule property. Subsequently, the petitioner made an application dated 23.02.2026 before the Trial Court for granting police protection. 3. Learned counsel for the petitioner has filed a memo placing on record a copy of the order sheet in the suit and contends that the application for police protection is pending consideration before the Trial Court and the defendants are taking time before the Trial Court. 4. In the present writ petition, the defendant who has been arrayed as respondent No.1, is served and unrepresented. 5. Learned AGA submits that if suitable orders are passed, the police authorities would extend protection to comply with the orders passed by the Court. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010254092026 NC: 2026:KHC:53672 WP No. 11564 of 2026 6. In view of the aforementioned, the present writ petition is disposed of directing respondent No.2 to give police protection to the petitioner to ensure compliance of the interim order dated 07.02.2026 passed in OS No.143/2026 by the Principal Civil Judge and JMFC, Mysuru. 7. Pending IAs., if any, also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 61 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA