- 1 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1963 OF 2026 (GM-POLICE) BETWEEN: 1. SRI SUJITH D K AGED ABOUT 28 YEARS, S/O KRISHNEGOWDA, RESIDING AT DODDAKARADE VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT. 2. SMT. MEENAKSHI, AGED ABOUT 48 YEARS, W/O M.B. SIVALINGEGOWDA, R/AT NO 56, 1st C CROSS 3RD MAIN, MTCL LAYOUT, BASAWESHWARA NAGARA BANGALORE 560079. 3. SMT. PADMAMMA, AGED ABOUT 65 YEARS, W/O LATE SIDDALINGEGOWDA, R/AT BOCIHALLI, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKUR DISTRICT- 572224. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 4. SRI. KRISHNEGOWDA, AGED ABOUT 60 YEARS, S/O HANUMEGOWDA. 5. SRI. BASAVARAJU, AGED ABOUT 56 YEARS, S/O HANUMEGOWDA BOTH PETITIONER NO. 4 & 5 RESIDING AT DODDAKARADE VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT. …PETITIONERS (BY SRI. PRAJWAL RAJ H D.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS UNDER SECRETARY, LAW AND ORDER DEPARTMENT, VIDHANA SOUDHA, BANGALORE 560001. 2. THE SUPERINTENDENT OF POLICE (SP) HASSAN DISTRICT, RACE COURSE ROAD, OPPOSITE TO HASSAN INSTITUTE OF MEDICAL SCIENCE, HASSAN 573201. 3. DEPUTY SUPERINTENDENT OF POLICE (DYSP) CHANNARAYAPATTANA SUB-DIVISION, - 3 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 B.M ROAD, OPP TO APMC GATE, CHANNARAYAPATTANA, HASSAN TALUK - 573 116. 4. INSPECTOR OF POLICE CHANNARAYAPATTANA RURAL POLICE STATION, CHANNARAYAPATTANA - 573 116. 5. SMT. SUKANYA, AGED ABOUT 43 YEARS, ALLEGED WIFE OF GANGARAJU, RESIDING AT HOSURU VILLAGE, SHANTIGRAMA HOBLI, HASSAN TALUK - 573220. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA FOR R1 TO R4; VIDE ORDER DATED 23.01.2026; NOTICE TO R5 IS DEFERRED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO 4 FROM INTERFERING WITH THE PEACEFUL POSSESSION AND ENJOYMENT OVER THE SCHEDULE PROPERTY AND ALSO SUBJECT PROPERTIES OF FDP NO.14/2022 UNTIL THE DISPOSAL OF THE REGULAR SECOND APPEAL NO.319/2022 AND FDP 14/2022; ISSUE A DIRECTION TO RESPONDENTS - 4 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 NO.3 AND 4 NOT TO ASSIST RESPONDENT NO.5 IN TAKING FORCEFUL POSSESSION OF THE SCHEDULE PROPERTY OR THE DWELLING HOUSES AND ALSO SUBJECT PROPERTIES OF FDP NO.14/2022 SITUATED THEREIN, UNTIL THE DISPOSAL OF THE REGULAR SECOND APPEAL NO.319/2022 AND FDP 14/2022. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners, who assert that they are in possession and cultivation of land in Sy.No.242 of Doddakarade Village, Dandiganahalli Hobli, Channarayapatna Taluk [the subject property'], seek directions to the second to fourth respondents not to interfere with their possession and enjoyment of the subject property until the disposal of the final decree proceedings in FDP No.14/2022 and the Regular Second Appeal in RSA No.319/2022. - 5 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 2. The petitioners assert that the third and the fourth respondents are assisting the fifth respondent in taking forcible possession of the subject property and a dwelling house that are the subject matter of the afore two cases. The petitioners rest their case for issuance of direction based on the outcome in the suit in O.S.No.248/2010 on the file of the Additional Civil Judge and JMFC, Channarayapatna and the pending appeal before this Court in RSA No.319/2022. 3. Mrs. Saritha Kulkarni, the learned Additional Government Advocate, when this petition was listed on the previous hearing date i.e., on 23.01.2026, submitted that her tentative instructions from the fourth respondent is that the petitioners and the fifth respondent were advised to abide by the decision of the civil Court. This Court therefore has called upon the third and fourth respondents to place on record why they felt the need to advise the parties - 6 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 to abide by the civil Court's order when they are already before the Civil Court. Sri Santhosh L., Inspector of Police [the fourth respondent], is present and on his instructions a memo with certain documents is produced. These documents include a copy of the complaint filed by the fifth respondent with the office of the Deputy Superintendent of Police Channarayapatna [the third respondent], on 16.01.2026 and the Endorsement dated 22.01.2026 issued to the fifth respondent. 4. Mrs. Saritha Kulkarni, relying upon these documents, submits that the fifth respondent had filed a complaint alleging that [i] the petitioners and their family members were abusive when the fifth respondent visited the property and objected to the cultivation asserting that she had a declaration of a share therein in the suit, - 7 - HC-KAR NC: 2026:KHC:6454 WP No. 1963 of 2026 [ii] when the fourth respondent received communication from the third respondent, he has issued an Endorsement to the fifth respondent, upon verification of all the records, stating that because the dispute is pending in the civil proceedings she must work out her remedies. This Court is of the view that these submissions must be taken on record opining that if the jurisdictional police [including the fourth respondent] have thus interfered when the fifth respondent [a widow] has alleged that she was abused, there should be no cause for intervention in this petition. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr