Petitioner sought police protection to implement a civil court decree restraining defendants from interfering with his possession. Since an execution petition was pending before the Executing Court, the writ petition was disposed of with liberty to seek similar relief there.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No.2292 OF 2024 (GM-POLICE)
BETWEEN:
…PETITIONER
(BY SRI KARUMBAIAH T.A., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE R3 TO GIVE PROTECTION TO THE PETITIONER AS PER THE JUDGEMENT AND DECREE DATED 14.11.2017 PASSED IN O.S. No.6948/2014 BY THE XI ADDITIONAL CITY CIVIL JUDGE, BANGALORE (CCH-8) VIDE ANNEXURE-A AND B. DIRECT THE R2 TO COMPLY THE CLAUSE No.10 OF ANNEXURE-H, THE CIRCULAR DATED 14.11.2018 ISSUED BY R2 BEARING No.CRM/3/105/2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K. V. ARAVIND )
The instant petition seeking direction to respondent No.3-
Police authorities to give protection to implement/execute judgment and decree dated 14.11.2017 in O.S.No.6948/2014 passed by XI Additional City Civil Judge, Bengaluru.
Court has decreed the suit filed by the petitioner. The judgment and decree dated 14.11.2017 has restrained the defendants therein from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property.
NC: 2024:KHC:27697 WP No. 2292 of 2024
The Civil Court by judgment and decree dated 14.07.2017 has restrained the defendants therein from interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property. It is the specific case of the petitioner that the defendants therein are interfering with the possession and the petitioner has been deprived of the benefit of judgment and
NC: 2024:KHC:27697 WP No. 2292 of 2024
decree. It is on record that the petitioner has filed execution petition seeking execution of the judgment and decree. The matter is pending before the Executing Court. In such circumstances, it is open to the petitioner to file necessary application before the Executing Court seeking similar relief i.e. Police protection to restrain the defendants/judgment debtors from interfering with the plaintiff’s peaceful possession and enjoyment.
The writ petition is disposed of.
Sd/(K. V. ARAVIND) JUDGE
MV, List No.: 1 Sl No.: 62
1 issue framed by the court
Whether police protection should be directed to enforce a civil decree when an execution petition is already pending before the Executing Court.
1 provisions across 1 enactments
B.S. Srinivas
State of Karnataka, Home Department, by its Secretary
Director General and Inspector General of Police
Station House Officer, Jnanabharathi Police Station
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
