IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO. 37217 OF 2016 (GM-CPC) BETWEEN:
SRI CHITRALINGAPPA, S/O SRI HARINAVEERAPPA, AGED ABOUT 42 YEARS, R/O MUNICIPAL COLONY, 1ST MAIN, 5TH CROSS, KELAKOTE, CHITRADURGA – 577501. SINCE DEAD BY HIS LRs.
1. SMT.VIJAYALAKSHMI, W/O LATE SRI CHITRALINGAPPA, AGED ABOUT 36 YEARS.
2. SRI VARUN KUMAR, S/O LATE CHITRALINGAPPA, AGED ABOUT 20 YEARS.
BOTH ARE R/O MUNICIPAL COLONY, 1ST MAIN, 5TH CROSS, KELAKOTE, CHITRADURGA.
AMENDED CARRIED OUT VIDE ORDER DT:29.05.2019. ... PETITIONERS (BY SRI R B SADASIVAPPA AND NANDISH GOWDA G.B, ADVOCATES) AND:
1. SRI HAVINA VEERAPPA S/O LATE SRI AJJAPPA, AGED ABOUT 77 YEARS, C/O R NAGESH, POLICE QUARTERS 4TH BLOCK, HOSPITAL CIRCLE, CHITRADURGA – 577501.
2. SMT. THIPPAMMA @ Y GOWRAMMA W/O SRI HAVING VEERAPPA AGED ABOUT 72 YEARS, C/O SRI TAYAPPA, KSRTC CONDUCTOR, JEGIMATTI ROAD, OPP TO GUDADAMMA TEMPLE, CHITRADURGA – 577501.
3. SMT. BHAGYAMMA, W/O SRI JAYAPPA, AGED ABOUT 40 YEARS, KSRTC CONDUCTOR, JOGIMALLI ROAD, OPPOSITE TO GUDADAMMA TEMPLE CHITRADURGA – 577501.
4. SMT. VASANATHAMMA W/O SRI R NAGESH, AGED ABOUT 36 YEARS, C/O SRI R NAGESH, POLICE QUARTERS 4TH BLOCK, HOSPITAL CIRCLE, CHITRADURGA – 577501.
5. SRI N CHIDANANDAMURTHY, S/O SRI NAGARAJAPPA, AGED ABOUT 40 YEARS, R/O NEAR KOLLAPURADAMMA TEMPLE 5TH BLOCK, KELAKOTE MUNICIPAL COLONY, KELAKOTE, CHITRADURGA – 577501. ... RESPONDENTS (BY SRI SHANKARAPPA, ADV. FOR R3 TO R5) **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:18.6.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC CHITRADURGA ON THE APPLICATION FILED BY THE RESPONDENTS UNDER SECTION 151 OF CPC IN O.S.NO.265/2014 VIDE ANNEXURE-G.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. The petitioner/plaintiff is assailing the order dated 18.06.2016 passed on the respondents application filed under Section 151 of CPC in the pending O.S. No.265/2014, a copy where of is at Annexure-G, whereby, after dismissal of petitioner’s application under Order 39 Rule 1 and 2 of CPC, police protection has been afforded to the contesting respondents herein.
3. After service of notice, the respondents have entered appearance and opposed the writ petition.
4. Learned counsel for the petitioners contends that the dismissal of the petitioners’ application under Order 39 Rule 1 and 2 of CPC per se cannot be a ground for allowing the respondents application filed under Section 151 of CPC, for extending police protection to them.
5. Although, the learned counsel for the respondents opposed the writ petition stating that an order for grant of police protection need not be heavily reasoned, the same does not gain acceptance by this Court, in as much as the interference of police in private disputes is likely to breed a lot of mischief.
6. In the above circumstances, this writ petition succeeds in part; a writ of certiorari issues quashing the order dated 18.06.2016 passed in O.S. No.265/2014 by the Principal Civil Judge & JMFC, Chitradurga, vide Annexure-G.
7. Regard being had to the age of the suit and the narrowness of the issues involved, the Trial Judge is requested to try and dispose of the suit within an outer limit of nine months excluding the period of adjournments to be sought for, by the respondents.
No costs.
Sd/-
JUDGE SJ/HB