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2017 Supreme(Kar) 1492

IN THE HIGH COURT OF KARNATAKA
B. Veerappa, J.
Bhagyamma Marigowda - Appellant
Vs.
M.C. Puttaswamy - Respondent
Writ Petition No. 62404 of 2016
Decided On : 27-02-2017

Advocates:
Advocate Appeared:
For the Appellant : Sri Kishan Kumar H.M, Sri A.G. Shivanna

Headnote:CODE OF CIVIL PROCEDURE, 1908 - Section 151; Order 39, Rule 2-A -Temporary injunction - Order of police protection - Defendents obstructing possession of suit property though order of temporary injunction was issued against them - Defendents claiming to be in possession of suit property, clearly indicating their obstruction - Trial Court`s order granting police protection to plaintiff to implement its order held, proper.

ORDER :

B. Veerappa, J.

This Writ Petition is filed by the defendants against the order dated 19.11.2016 allowing IA No.2 filed by the plaintiff directing the Police Sub Inspector of M. K. Doddi Police Station to give police protection to the plaintiffs to implement the order dated 12.02.2016.

2. The respondent Nos. 1 and 2, the plaintiffs before the trial court filed suit for permanent injunction restraining the present Petitioner's/defendants from interfering with the possession of the plaintiffs over the suit schedule property. The 1st plaintiff's father Channego-wda purchased the suit schedule property under the registered sale deed dated 07.01.1949 from the father of the 3rd defendant and they are in possession and enjoyment of the suit schedule property. The defendants are strangers to the suit schedule property and they are no way concerned with the suit property etc.

3. The defendants have filed written statement and denied the entire plaint averments and contended that the suit schedule property belong to the defendants ancestors and they are in possession and enjoyment of the suit schedule property etc., and prays for dismissal of the suit.

4. During the pendency of the suit, the plaintiffs filed IA No.1 for temporary injunction restraining the defendants and their agents from interfering with the plaintiffs possession and enjoyment of the suit schedule property, pending disposal of the suit. After contest, the Trial Court by its order dated 12.02.2016, on IA No.1 granted temporary injunction as prayed for.

5. Aggrieved by the said order passed by the trial court granting the temporary injunction, the defendants filed MA No.2/2016 before the Senior Civil Judge at Channapatna and the same is pending for adjudication and it is stated by the learned counsel for the Petitioner's that there is no interim order passed by the lower appellate Court, staying the injunction granted by the Trial Court.

6. The plaintiffs filed IA No.2/2016 under section 151 of the Code of Civil Procedure to direct the M. K. Doddi Police to give assistance or help to the plaintiffs to implement the order of Temporary injunction granted by the Trial Court dated 12.02.2016, that the defendants disrespect and violate the same. After hearing both the parties, the trial court granted Temporary injunction. In spite of the injunction order passed by the Trial Court, the defendants are interfering with the possession of the plaintiffs on 14.07.2016, therefore they have constrained to lodge a police complaint before the jurisdictional police. The police instead of giving police protection, has stated that there is no direction to them to assist the plaintiffs to give protection to implement the interim order passed by the Trial Court. It is also contended that, if the application is allowed and police help is granted no harm or injury will be caused to the other side and etc. The said application was resisted by the defendants by filing objections.

7. After hearing both the parties, the trial court by the impugned order dated 19.11.2016, allowed the application and granted police protection as prayed for. Hence the present writ petition is filed.

8. I have heard the learned counsel Sri. Kishan Kumar H.M., for Sri. Shivanna A.G., learned counsel appearing for the Petitioner's.

9. Learned counsel for the Petitioner's contended that though the Trial Court has granted injunction vide order dated 12.02.2016, the defendants already filed MA No.2/2016 and contended that they are in possession and enjoyment of the suit schedule property. The said aspect of the matter has not been considered by the Trial Court while granting police protection. He further contended that the defendants are in possession and enjoyment of the suit schedule property till today as lawful owners. Therefore, he stated that at this stage, the impugned order passed by the Trial Court granting police protection is erroneous. Therefore he sought to quash the impugned order by allowing the Writ Petition













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