Karnataka High Court
Hanamant S/O Laxman Dharigoud vs Irawwa W/O Rachappa Dharogoud on 7 June, 2024
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NC: 2024:KHC-D:7631
WP No. 100833 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 100833 OF 2024 (GM-CPC)
BETWEEN:
1. HANAMANT S/O. LAXMAN DHARIGOUD,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. MAHALINGAPUR,
TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
2. MAHADEVI W/O. BASAPPA DHARIGOUD,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. MAHALINGAPUR,
TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOT.
...PETITIONERS
(BY SRI. PAVAN B. DODDATTI, ADVOCATE)
AND:
1. IRAWWA W/O. RACHAPPA DHARIGOUD,
AGE: 51 YEARS, OCC: HOUSEHOLD WORK,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
YASHAVANT
NARAYANKAR
2. SANGAPPA S/O. RACHAPPA DHARIGOUD,
Digitally signed by
YASHAVANT NARAYANKAR
Location: HIGH COURT OF
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
KARNATAKA DHARWAD
BENCH
Date: 2024.06.15 12:09:43
+0530
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
3. LAXMAN S/O. RACHAPPA DHARIGOUD,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
4. KAMALAWA W/O. GURALING LAKKAPPAGOL,
AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
R/O. GARDEN LAND, AKKIMARADI ROAD,
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WP No. 100833 of 2024
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
5. SHANKAR S/O. RACHAPPA DAHRIGOUD,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
6. AKSHATA D/O. RACHAPPA DHARIGOUD,
AGE: 26 YEARS, OCC: HOUSEHOLD WORK,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
7. MAHALINGAPPA S/O. HANAMANT LATUR,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
8. MARUTI S/O. HANAMANT LATUR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
9. PARASAPPA S/O. HANAMANT LATUR,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
10. YALLAPPA S/O. HANAMANT LATUR,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
11. YALLAWWA W/O. SADASHIV SASALATTI,
AGE: 29 YEARS, OCC: HOUSEHOLD WORK,
R/O. KESARAGOPPA, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
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WP No. 100833 of 2024
12. BANGAREWWA W/O. SIDDAPPA BELAGALI,
AGE: 27 YEARS, OCC: HOUSEHOLD WORK,
R/O. KESARAGOPPA, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
13. TIPPANNA S/O. SATTEPPA LATUR,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
14. MALLAPPA S/O. SATTEPPA LATUR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
15. CHANNAPPA S/O. SATTEPPA LATUR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. GARDEN LAND, AKKIMARADI ROAD,
MAHALINGAPUR, TQ: RABAKAVI BANAHATTI,
DIST: BAGALKOT-587312.
...RESPONDENTS
(BY SRI. D.M. MALLI, ADV. FOR R7-R15;
R1-R6 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER AT
ANNEXURE-G DATED 02-01-2024 PASSED BY THE COURT OF THE
SENIOR CIVIL JUDGE AND JMFC, AT BANAHATTI ON I.A. NO.3 IN
O.S. NO.247/2022.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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WP No. 100833 of 2024
ORDER
The captioned petition is filed by the plaintiffs feeling
aggrieved by the order passed by the learned Judge on I.A
No.3 filed under Section 151 of Code of Civil Procedure (for
short, "CPC") seeking a police protection and also for
implementing the order of the learned Judge passed on I.A
No.1.
2. The learned Judge has rejected the application on two
counts. Firstly, the defendants have preferred a miscellaneous
appeal in M.A No.4/2023 and secondly the ground on which,
the learned Judge has rejected is, the petitioner has to avail
efficacious remedy by filing a petition under Order IIIIX Rule 2A
of CPC.
3. Heard the learned counsel for the petitioners. Perused
the order under challenge.
4. Grant of police protection is permissible only in
extraordinary circumstances. The Court's discretion to grant
police protection has to be sparingly used in exceptional cases.
Only in exceptional cases, where the plaintiffs are able to
NC: 2024:KHC-D:7631
substantiate as to why police protection is sought. In the
present case on hand, trial Court has granted injunction in
favour of plaintiffs and the defendants are restrained by way of
an interim injunction from interfering with the
petitioners'/plaintiffs' peaceful possession.
5. In the aid of this interim injunction, there can't be
police protection in respect of a private dispute between two
individuals. The judgment cited by the learned counsel for the
petitioners has no application to the present set of facts. Police
force cannot be utilized in an individual dispute more
particularly when the lis is pending before competent Civil
Court. If the petitioner has already initiated proceedings for
disobedience by filing a petition under Order IIIIX Rule 2A of
CPC, that may act as a deterrence against the defendants.
However, the learned Judge is bound to expedite the enquiry
on a petition filed under Order IIIIX Rule 2A of CPC. Hence, this
Court proceeds to pass the following:
ORDER
1. Writ Petition is devoid of merits and
accordingly stands dismissed.
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2. In view of disposal of the petition, pending
interlocutory applications, if any, do not
survive for consideration and are disposed of
accordingly.
Sd/-
JUDGE
PMP
