IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIJAYKUMAR A.PATIL
Balakrishna K.P., S/o. Late Puttaswamy Gowda – Appellant
Versus
K.P. Puttaraju, S/o. Late Puttaswamy Gowda – Respondent
| Table of Content |
|---|
| 1. challenge to interim order (Para 1 , 2 , 3 , 4) |
| 2. respondents' counterarguments (Para 5 , 6) |
| 3. court's analysis of cases (Para 7 , 8 , 9) |
| 4. criteria for police protection (Para 10 , 11 , 12 , 13 , 14) |
ORDER :
(VIJAYKUMAR A. PATIL, J.)
This petition is filed challenging order dated 11.11.2019 passed on IA.No.13 in O.S.13/2017 by the Principal Senior Civil Judge & JMFC, Channarayapatna.
2. Sri.H.N.Shashidhara, learned senior counsel appearing for the petitioners submits that petitioners filed suit against the respondents for declaration and permanent injunction. In the said suit, the petitioners' application for temporary injunction was considered and granted by detailed order on 28.10.2017. The said order was challenged in MFA.No.9460/2017. However, the said appeal was dismissed for non-prosecution and later restored and there is no stay of the order dated 28.10.2017.
3. It is submitted that despite the restraining order against the respondents, they have attempted to dispossess and caused continuous disturbance to the enjoyment of the suit schedule properties by the petitioners. It is further submitted that petitioners gave police complaints with regard to some incide
Smt.Karisiddamma and Others v. Smt.Sanna Kenchamma
A court can provide police protection to enforce a temporary injunction in cases of documented violations, emphasizing the judicial duty to uphold such orders.
Temporary injunctions with finality necessitate police protection to prevent unlawful dispossession, emphasizing the trial court's inherent powers to ensure justice.
Police aid in civil matters requires substantial evidence of threat or violation, not mere claims. Courts exercise this power with caution and discretion, emphasizing the need for a high standard of ....
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