Sri H Kempahanumaiah v. the State of Karnataka
Case brief
What is this about?
Writ of mandamus for police protection of possession refused; alleged disobedience of civil decree must be pursued under Order XXI CPC, not writ jurisdiction. W.P. No. 22835 of 2025 (GM-POLICE), High Court of Karnataka, B M Shyam Prasad J., order dated 13.08.2025. Petitioners: H Kempahanumaiah and four daughters, Banjarapalya village, Kengeri Hobli. Respondents: State of Karnataka (Home Department) and Station House Officer, Kaggalipura Police Station. Seeks implementation of orders in W.P.No.22309/2022 (GM-CPC) dated 23.11.2022 and decree in O.S.No.1092/2022 dated 09.06.2025. Filed under Articles 226 and 227, Constitution of India. Petition disposed of subject to just exceptions; no relief granted.
What did the court decide?
Since the petitioners allege disobedience with the decree in a suit, they must necessarily avail the remedy under Order XXI of the Code of Civil Procedure, 1908; there is no occasion for interference otherwise by this Court.