Sri K Gangaramaiah vs The State Of Karnataka
2023 Latest Caselaw 5503 Kant

                                              -1-
                                                          NC: 2023:KHC:28274
                                                         WP No. 7731 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF AUGUST, 2023

                                            BEFORE
                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                         WRIT PETITION NO.7731 OF 2023 (GM-POLICE)

                   BETWEEN:

                   SRI. K. GANGARAMAIAH,
                   S/O. KEMPATHIMAIAH,
                   AGED ABOUT 78 YEARS,
                   R/AT NO.61, 10TH CROSS,
                   LAKSHMINARAYANAPURAM,
                   BENGALURU - 560 021.
                   REPRESENTED BY GPA HOLDER,
                   SMT. B.G. HEMALATHA,
                   D/O. K. GANGARAMAIAH,
                   AGED ABOUT 53 YEARS,
                   R/AT NO.61, 10TH CROSS,
                   LAKSHMINARAYANAPURAM,
                   BENGALURU - 560 021.

Digitally signed                                                ...PETITIONER
by SHARADA
VANI B             (BY SRI. JAI PRAKASH REDDY M., ADVOCATE)
Location: HIGH
COURT OF           AND:
KARNATAKA

                   1.    THE STATE OF KARNATAKA,
                         DEPARTMENT OF HOME AFFAIRS,
                         REPRESENTED BY ITS SECRETARY,
                         M.S. BUILDING,
                         BANGALORE - 560 001.

                   2.    THE INSPECTOR OF POLICE,
                         KUDUR POLICE STATION,
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                                          NC: 2023:KHC:28274
                                         WP No. 7731 of 2023




    MAGADI TALUK - 561 101,
    RAMANAGARA DISTRICT.

                                              ...RESPONDENTS
(BY SRI. B.V. KRISHNA, AGA FOR R1 AND R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.2 TO
PROVIDE PROTECTION TO THE PETITIONER AS PER THE
JUDGEMENT AND DECREE DATED 24-02-2022 IN O.S NO.
21/2021 PASSED BY THE LEARNED PRL CIVIL JUDGE AND JMFC
MAGADI VIDE ANNEXURE-D AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                          ORDER

The short grievance of the petitioner is as to the

Respondent-Police declining help in enforcing the

Judgment & Decree obtained by him in O.S. No.21/2021.

Learned counsel for the petitioner submits that when there

is a court decree, all authorities have to act in accordance

with the same, whether they are parties or not; this

having not happened, petitioner is complaining in the writ

jurisdiction.

2. Learned AGA on request accepting notice for

Respondent Nos.1 & 2 opposes the petition contending

NC: 2023:KHC:28274 WP No. 7731 of 2023

that the provisions of Order XXI of CPC, 1908 make

appropriate procedure for the enforcement of decree of

the kind and therefore, petition is not maintainable.

Having so contended, now he agrees to instruct his clients

to look into the grievance of petitioner if he gives an

appropriate representation supported by evidentiary

material. This is appreciable.

In view of the above, writ petition is disposed off.

Time for compliance is three weeks. All contentions are

kept open.

Costs made easy.

Sd/-

JUDGE

ABK