SRI.DODDATHIPANNA v. SRI.ANAND KUMAR

(BY SRI. R A DEVANAND.,ADVOCATE) AND:

SRI.ANAND KUMAR S/O CHIKKABAJJAPPA AGE ABOUT 47 YEARS R/AT BITNHALLI LVILLAGE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:37366 WP No. 28345 of 2025 HC-KAR MASTHI HOBLIL MALUR TALUK KOLAR 563139.

THE INSPECTOR OF POLICE MASTHI POLICE STATION MASTHI MALUR TALUK KOLAR DISTRICT 563139.

THE SUPERINTENDENT OF POLICE TAMAKA KOLAR DISTRICT KOLAR 563101. (BY SRI.RAHUL CARIAPPA., AGA FOR R2 & R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT RESPONDENTS NO. 2 AND 3 TO STRICTLY ENFORECE THE ORDER PASSED BY THE COURT 1ST ADDL. CIVL JUDGE AND JMFC AT MALUR, IN OS NO. 53/2017 DATED 08.02.2017 AS PER ANNEXURE-D, BY ALLOWING THIS WP IN ITS ENTIRETY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - NC: 2025:KHC:37366 WP No. 28345 of 2025 HC-KAR ORAL ORDER The petitioners have a dispute with the first respondent which is pending adjudication O.S. No.53/2017 on the file of the I Additional Civil Judge and JMFC, Malur [for short, 'the civil Court']. The petitioners have the benefit of the civil Court’s interim order of temporary injunction restraining the first respondent from putting up any fence on the northern side of the property that is mentioned in the plaint schedule. This order, which is granted at the first instance on 08.02.2017 is continued to be in force.

2. As seen from the records now produced, the civil Court has thereafter decided on the application filed by the first respondent under Order XXVI Rule 9 of the Code of Civil Procedure, 1908. The petitioner seeks this Court's intervention directions to the jurisdictional Police [the second respondent] and his Superior Officer [the third - 4 - NC: 2025:KHC:37366 WP No. 28345 of 2025 HC-KAR respondent] to prevent the first respondent [and the persons claiming under him] from violating the civil Court's aforesaid interim order.

3. Sri R. A. Devanand, the learned counsel for the petitioners, submits that this Court must, in exercise of jurisdiction under Article 226 of the Constitution of India, intervene and direct the Police because they, in utter disregard of the civil Court’s directions, have registered a crime against the petitioners at the instance of the first respondent and that this Court cannot allow the Police Officers to disregard the orders of the civil Court. Sri Rahul Cariappa, a learned Additional Government Advocate, who accepts notice for the second and third respondents, is heard in the context of this grievance.

This Court must observe that the remit of this Court's jurisdiction under Article 226 of the Constitution of India is confined only by the restraint that must be when there is an alternative and - 5 - NC: 2025:KHC:37366 WP No. 28345 of 2025 HC-KAR efficacious remedy. In the present case, the civil Court is seized of the entire dispute, and it has continued the interim order granted at the first instance restraining respondent [a defendant] from putting up any fence. If there is any disobedience by the first respondent, the civil Court, apart from examining whether there is any reason for contempt if an application is filed in that regard, must also ensure that its orders are implemented.