IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO. 56811/2014 (GM-CPC) BETWEEN:
SRI. P.S. SATISH S/O SRI. P.K. SATHYAPAL @ SATHYAVIRATHAN AGED ABOUT 39 YEARS R/AT NO.537, ANUGRAPHA 4TH CROSS, 6TH MAIN HAL II STAGE, INDIRANAGAR BANGALORE-560 038.
(BY SRI.P. RAVEENDRAN FOR ... PETITIONER SRI. M. A. SEBASTIAN, ADVOCATE) AND:
1. SMT. MUNITHAYAMMA AGED ABOUT 69 YEARS W/O LATE THIMMARAYAPPA 2. SRI. T. LAKSHMIPATHI AGED ABOUT 45 YEARS S/O LATE THIMMARAYAPPA 3. SRI. MOHAN RAJ AGED ABOUT 41 YEARS S/O LATE THIMMARAYAPPA ALL ARE R/AT SADARAMANGALA VILLAGE, KADUGODI POST BANGALORE-560067.
... RESPONDENTS (BY SRI. P. NARAYANA, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.11.2014 VIDE ANNEXURE-A PASSED BY THE V ADDL. CITY CIVIL JUDGE, BANGALORE IN O.S.NO.1406/2014 DISMISSING THE I.A.NO.VI FILE BY THE PETITIONER UNDER SECTION 151 OF CPC, SEEKING FOR ISSUING DIRECTION TO THE JURISDICTIONAL POLICE IN PROVIDING ASSISTANNCE TO PLAINTIFF/ PETITIONER IN ENFORCING THE ORDER OF TEMPORARY INJUNCTION GRANTED BY THE COURT BELOW ON I.A.NO.1 VIDE ORDER DATED 19.7.2014 AGAINST THE RESPONDENTS/ DEFENDANTS AND CONSEQUENTLY ALLOW THE APPLICATION I.A.NO.VI AS PRAYED FOR BY ALLOWING THIS WRIT PETITION.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has filed the suit O.S.No.1406/2014 for the relief of perpetual injunction and to restrain the defendants/respondents herein from interfering with plaintiff’s alleged possession and enjoyment of suit property. An exparte ad-interim order of status-quo came to be granted and after service of suit summons defendants appeared and filed their written statement and interlocutory application i.e., I.A.No.1 filed by plaintiff under Order 39 Rules 1 and 2 was heard and disposed of by order dated 19.07.2014 by allowing said application vide Annexure-B restraining the defendants from interfering with plaintiff’s enjoyment of the suit property till disposal of the suit. Challenge to the said order was made in MFA No.6774/2014 which appeal came to be dismissed for non prosecution by order dated 28.09.2015 and as on date there is no material on record to show that either appeal having been restored or order of temporary injunction granted by the trial Court having been set aside, varied or modified.
2. In this factual background, plaintiff filed an interlocutory application i.e., I.A.No.VI under Section 151 CPC for a direction to the jurisdictional police to give assistance to enforce the temporary injunction and by impugned order dated 03.11.2014- Annexure-A said application came to be rejected. Hence, present writ petition has been filed by plaintiff and this Court while ordering notice on 17.12.2014 has passed the following order:
“Pending consideration of the petition, if any law and order problem arises in the vicinity in relation to the dispute between the parties to this petition, the jurisdictional police are directed to intervene and take appropriate action in accordance with law.”
This order having been in force for the past four (4) years, it would suffice to continue the same during the pendency of the suit and accordingly, jurisdictional police would be at liberty to intervene and take action in accordance with law, in the event of any law and order problem were to arise in the vicinity of suit schedule property in relation to the dispute between the parties to the present petition.
Accordingly, this writ petition stands disposed of.
SD/- JUDGE RU