Karnataka High Court

M/S Anushka Constructions Private ... vs State Of Karnataka on 11 March, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                            -1-
                                                       NC: 2025:KHC:10150
                                                      WP No. 4079 of 2025




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF MARCH, 2025

                                         BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                      WRIT PETITION NO. 4079 OF 2025 (GM-POLICE)
                   BETWEEN:

                      M/S. ANUSHKA CONSTRUCTIONS PRIVATE LIMITED,
                      A COMPANY INCORPORATED UNDER THE
                      PROVISIONS OF COMPANIES ACT 1956,
                      HAVING ITS REGISTERED OFFICE AT
                      NO. 100/1, CITY CENTRE,
                      OPP. TOWN HALL, J C ROAD,
                      BENGALURU-560 002
                      REPRESENTED BY ITS DIRECTOR,
                      MR. ASSARDAS AMARLAL
                                                           ...PETITIONER
                   (BY SRI. ANGAD KAMATH, ADVOCATE)

                   AND:

Digitally signed
by NAGAVENI           STATE OF KARNATAKA
Location: High        BY INSPECTOR OF POLICE,
Court of
Karnataka             KADUGODI POLICE STATION,
                      OPPOSITE BMTC BUS STAND,
                      KADUGODI COLONY,
                      KADUGODI,
                      BENGALURU-560 067
                                                           ...RESPONDENT
                   (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1;
                       SRI. ROHAN HOSMATH, ADVOCATE FOR PROPOSED R2)
                                 -2-
                                              NC: 2025:KHC:10150
                                            WP No. 4079 of 2025




    THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ACKNOWLEDGEMENT DATED. 07.02.2025 ISSUED BY THE
RESPONDENT, PRODUCED AT ANNEXURE-K AND ETC.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE M.NAGAPRASANNA


                          ORAL ORDER

The petitioner is before this court calling in question an

acknowledgement dated 07.02.2025 issued by the respondent

declining to grant police protection to the petitioner.

2. Heard Shri Angad Kamath, learned advocate for the

petitioner, Shri Mohammed Jaffer Shah, learned AGA for

respondent No.1 and Shri Rohan Hosmath, learned advocate

for proposed respondent No.2.

3. The history to seek police protection is a dispute

between the petitioner and the impleading applicant. The

petitioner institutes O.S.No.9272 of 2024 seeking inter alia,

permanent injunction restraining the defendant/impleading

respondent and his men from interfering with the possession

over the schedule property. Pending the suit, the petitioner

NC: 2025:KHC:10150

files an application in I.A.No.2 on 30-12-2024 seeking

temporary injunction to restrain the defendant from interfering

with the possession. The concerned Court allows I.A.No.2 and

grants exparte ad interim injunction, restraining the defendant

from interfering with the petitioner's possession.

4. The defendant entered appearance and filed objection

to I.A.No.2. After hearing both the parties, the concerned

Court, in terms of its order dated 01-02-2025 allows I.A.No.2

and makes the injunction absolute. Therefore, the legal right of

possession during the pendency of the suit stood confirmed.

5. Despite the grant of the interim injunction, it is the

allegation that the impleading applicant continued to interfere

with the petitioner's possession. Therefore, the petitioner files

I.A.No.3 seeking police protection, for implementation of the

order of injunction. The impleading applicant files his

objections to I.A.No.3 seeking police protection. The concerned

Court, after hearing both the parties, allows the application, on

the following reasons:

"On perusal of the above rulings, it is clear that, Civil Court can exercise power under Section 151 of CPC to implement its order. As discussed above, the defendant is

NC: 2025:KHC:10150

claiming his possession over the suit schedule properties based on the unregistered agreement of sale of the year 2011. The defendant has not explained what steps he has taken in pursuance of the agreement of sale of the year 2011. This Court has passed the Order on IA No.2 filed under Order 39 Rule 1 and 2 of CPC against the defendant. It is the duty of the defendant to obey the order of this Court. In the objection, the defendant has not stated that, he is going to obey the order of this Court or he is not going to interfere with the possession of the plaintiff over the suit schedule properties. Hence, if the IA No.3 is not allowed, the order of this Court become only the orders in paper. Under Section 151 of CPC, this Court is having inherent powers to issue direction to the Police to implement the orders of this Court. Hence, looking to the facts and circumstances of the case and law laid down by the Hon'ble High Courts in the above said judgments, in the considered opinion of this Court, IA No.3 filed by the plaintiff deserves to be allowed. Accordingly, I answer Point No.1 is in the Affirmative.

17. POINT No.2: In view of the aforesaid discussions, I proceed to pass the following :-

ORDER

I.A.No.3 filed by the plaintiff under Sec. 151 of CPC, is allowed.

Inspector of Police, Kadugodi Police Station, is directed to desist the unlawful interference of defendant or anybody acting on his behalf over the plaintiff's peaceful possession and enjoyment of the suit schedule item Nos. 1 to 4 properties."

6. The Inspector of Police of Kadugodi Police Station was

directed to desist the unlawful interference of the defendant

who is the impelading applicant from the peaceful possession

and enjoyment of the suit schedule properties Item Nos.1 to 4

NC: 2025:KHC:10150

that was in the schedule. The petitioner then submits a

representation on 06-02-2025 seeking police protection. The

representation is in detail and all the suit schedule properties

were mentioned in the representation, to the police station

seeking police protection. An acknowledgement comes about

on the representation declining to grant police protection and

an endorsement is issued to that effect on 07-02-2025, which

is impugned in this subject petition.

7. One more proceeding is instituted by the impleading

applicant, the defendant in O.S.No.9272 of 2024, which is an

application under Order 7 Rule 11 of CPC seeking rejection of

the plaint. The concerned Court, rejects the application seeking

rejection of the plaint. Therefore, the defendant in O.S.No.9272

of 2024, the impleading applicant, suffers two orders.

8. Aggrieved by the order on I.A.No.3, granting police

protection, the impleading applicant/defendant prefers

W.P.No.4740 of 2025. The coordinate bench disposes the said

writ petition by the following order:

"7. The only grievance of the petitioner is that in the guise of implementing the injunction order passed by the

NC: 2025:KHC:10150

Trial Court, the police are trying to dispossess the petitioner-defendant from the suit schedule properties.

8. In that view of the matter, this court is of the opinion that the only direction that can be issued at this stage is to direct the Inspector of Police, Kadugodi Police, not to dispossess the parties, who are in possession of the suit schedule properties and not to alter the nature of the suit schedule properties. Accordingly, the following order is passed:

ORDER

a) Writ petition is disposed of.

b) Inspector of Police, Kadugodi Police Station, shall ensure that the order dated 01.02.2025 passed by the Trial Court on I.A.No.3, be complied with. However, in the guise of implementing the said order, he shall not dispossess the parties, who are in possession of the suit schedule properties and shall not alter the nature of the suit schedule properties."

(Emphasis supplied)

The coordinate bench clearly holds that the Inspector of Police,

Kadugodi Police Station shall ensure that the order passed on

01-02-2025 on I.A.No.3 is to be complied with. However, in

the guise of implementing the order of police protection, the

possession should not be disturbed or the party should not be

dispossessed is what is observed by the coordinate bench. This

would clearly mean that in the guise of giving police protection,

the possession of the petitioner should not be disturbed or

nature of the property should not be changed. This order has

NC: 2025:KHC:10150

become final. In that light, the police cannot now contend that

they will not render police protection to the petitioner.

9. The petitioner has two orders in his favour, one

I.A.No.2 granting temporary injunction after hearing the

impleading applicant/defendant. That is challenged before the

coordinate bench of this Court in M.F.A.No.6603 of 2024. The

matter is yet to come up for its consideration. Therefore, as on

today, order on I.A.No.2 is in subsistence. The next order is

order on I.A.No.3 seeking police protection, which is not

disturbed by the coordinate bench in the order afore-quoted.

Therefore, a statutory duty ensues for grant of police

protection.

10. Learned Additional Government Advocate has filed a

memo along with a communication of the petitioner that

petitioner was satisfied with the police protection that was

granted. The communication of the petitioner reads as follows:

"To The Inspector of Police, Kadugodi Police Station, Bengaluru

Sir,

NC: 2025:KHC:10150

Sub: Regarding compliance of Order dated 12.02.2025 passed by the Hon'ble High Court of Karnataka in W. P. No. 4079/2025 (GM-POLICE)

With regard to the above subject, we have served the copy of the Hon'ble High Court and as per the directions contained therein, you have provided necessary protection at Item Nos. 1 to 4 of the Suit Schedule Properties from 15.02.2025. Due to the protection you have provided us, we have repaired the metal boundary fence that was damaged by Mr. D. A. Srinivas. In light of the same we have secured the Item Nos. 1 to 4 Suit Schedule Properties from illegal interference and attempted dispossession by Mr. D. A. Srinivas and his henchmen. We have herewith enclosed photographs of the repaired metal boundary fence for your perusal and records.

We thank you for taking the necessary actions to ensure the security of our possession and enjoyment of the Item Nos. 1 to 4 Suit Schedule Properties. Since the threat by Mr. D. A. Srinivas and his henchmen is a continuous threat, we request you to continue compliance with the Order dated 01.02.2025 in O. S. No. 9272/2024, and continue providing necessary protection to ensure our continued possession and enjoyment of the Item Nos. 1 to 4 Suit Schedule Properties till the disposal of the suit in O. S. No. 9272/2024, and oblige.