Sri R N Kumarswamy v. Sri Jagadeeshaiah
Case brief
What is this about?
Karnataka High Court, single judge (H.T. Narendra Prasad), WP No. 2700 of 2025 (GM-CPC), decided 09.04.2026. Petitioner-defendant No.4 challenged under Article 227 the order dated 30.10.2024 in O.S.No.1126/2022 allowing the plaintiff's application under Section 151 CPC for police protection to implement the interim stay order dated 22.08.2022 over Sy.No.64/1 in a partition and declaration suit (temporary injunction sought under Order 39 Rule 1 & 2 CPC). Writ petition dismissed; police protection direction upheld because the underlying order was unchallenged and unstayed.
What did the court decide?
Since the Trial Court's order dated 22.08.2022 was not challenged and no stay was granted by any court of law, the Trial Court rightly allowed the Section 151 CPC application and directed the jurisdictional police to give protection for implementation of that order.