- 1 - HC-KAR CNR: KAHC010678902026 NC: 2026:KHC:54418 WP No. 30902 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 30902 OF 2026 (GM-POLICE) BETWEEN: MR. SYED MOHAMMED ADIL PASHA KHADRI AGED ABOUT 73 YEARS SON OF LATE JANAB SYED MOHAMMED AKHIL PASHA KHADRI, SAJJADANASHEEN DARGAH SYED MOHAMMED AKHIL SHAH KHADRI, CHANNAPATANA TOWN, CHANNAPATANA 562160 SENIOR CITIZEN BENEFIT NOT CLAIMED. PETITIONER (BY SRI. SUBHASH SRINIVASA RANGACHAR.,ADVOCATE) AND: 1. THE SUPERINTENDENT OF POLICE RAMANAGARA DISTRICT, BENGALURU SOUTH DISTRICT, RAMANAGARA 562159. 2. THE CHANNAPATANA TOWN POLICE CHANNAPATANA TOWN CHANNAPATANA 562160. RESPONDENTS (BY SRI. HARISHA. A.S.,AGA) - 2 - HC-KAR CNR: KAHC010678902026 NC: 2026:KHC:54418 WP No. 30902 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ASSIST THE PETITIONER TO SECURE POSSESSION OF THE SUIT DARGAH HAZARATH AKHIL SHAH KHADRI COMMONLY KNOWN AS BADA MAKHAN SITUATED IN CHANAPATNA TOWN AND PROVIDE PROTECTION TO ENABLE HIM TO CONDUCT DAILY AND ANNUAL RITUALS OF THE DARGAH VIDE ANNX-H AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 following reliefs: "a) Directing the respondents to assist the petitioner to secure possession of the Suit Dargah Hazarath Akhil Shah Khadri commonly known as 'Bada Makhan' Chanapatna Town and provide protection to enable him to conduct daily and annual rituals of the Dargah vide Annexure-H; b) Directing the respondents to provide police protection to the petitioner during Sandal and Urus rituals vide annexure-H; c) Such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case to meet the ends of justice." 2. The petitioner having succeeded in the suit (OS.No.92/1988) and in the First Appeal (RA.No.7/2020) and Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010678902026 NC: 2026:KHC:54418 WP No. 30902 of 2026 other connected matters), having made a representation on 10.09.2026 (Annexure-H to the writ petition) to respondent No.1 - Superintendent of Police, he is before this Court seeking for the aforementioned reliefs for providing Police protection to take physical possession. 3. In this context, it is pertinent to note that the order passed by the First Appellate Court was set aside by this Court vide judgment dated 16.12.2024 passed in RSA.No.1004/2023 and other connected matters. The same was assailed before the Hon'ble Supreme Court in Civil Appeal No.4174-4177/2026. The Hon'ble Supreme Court vide its judgment dated 02.04.2026 set aside the judgment dated 16.12.2024 passed by this Court in the Second Appeal, restored the judgment and decree passed by the Trial Court and First Appellate Court and remanded the matter to this Court for adjudication of the Second Appeal on its merits. Pending consideration of Second Appeal, the representation dated 10.09.2026 has been filed consequent to which the present writ petition is filed. 4. It is clear and forthcoming from the aforementioned factual matrix that civil rights of parties are involved. In the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010678902026 NC: 2026:KHC:54418 WP No. 30902 of 2026 event, the petitioner is desirous of implementing the order passed by the Trial Court, it is open to the petitioner to avail appropriate remedies under the Code of Civil Procedure, 1908. The present case is not one where the extra-ordinary discretionary jurisdiction of this Court under Article 226 of the Constitution of India is to be invoked. Accordingly, the writ petition stands dismissed. 5. This order will not preclude the parties from availing remedies in accordance with law. (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 25 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA