IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.53881/2018 (GM CPC) BETWEEN SMT. SANJEEVAMMA W/O LATE M. LINGAPPA AGED ABOUT 85 YEARS, RESIDING AT KURUMARIDIKERE CHITRADURGA TALUK-577501 CHITRADURGA DISTRICT. ... PETITIONER (BY SRI. SIDDAPPA B M, ADV.) AND SRI. R RAJAPPA S/O RAMAPPA AGED ABOUT 62 YEARS, RESIDING AT KURUMARIDIKER CHITRADURGA TALUK-577501, CHITRADURGA DISTRICT. ... RESPONDENT (BY SRI. VIJAYA M N, ADV. FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER PASSED BY THE LEARNED II ADDL. CIVIL JUDGE & JMFC, CHITRADURGA ON I.A.NO.11 DATED 06.10.2018 IN O.S.NO.73 OF 2018 PRODUCED AS ANNEXURE-H TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.Siddappa B.M., learned counsel for the petitioner.
2. In this writ petition, petitioner seeks to quash the order dated 6.10.2018 passed by the trial Court by which, the application filed by the petitioner seeking police protection has been rejected inter alia, for grant of interim order.
3. The trial Court has recorded a finding that the petitioner has failed to produce any material to show that the respondent-defendant has tried to interfere with the possession over the suit property.
4. In view of the aforesaid finding recorded by the trial Court and after perusal of the petition and in the facts and circumstances of the present case, I deem it fit to dispose of the petition with liberty to the petitioner to file a fresh application before the trial Court giving particulars.
5. Needless to state, in case such an application is filed, the trial Court shall decide the same afresh in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE Sk/- CT-HR