Karnataka High Court
WP/28899/2026 of MR SHASHANK B REDDY Vs SRI SUBBAPPA on 21 September 2026
CNR: KAHC010632592026 NC: 2026:KHC:52038 WP No. 28899 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28899 OF 2026 (GM-CPC) BETWEEN: 1. MR SHASHANK B REDDY AGED ABOUT 28 YEARS, S/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 28899 OF 2026 (GM-CPC)
BETWEEN:
1.
MR SHASHANK B REDDY
AGED ABOUT 28 YEARS,
S/O M S BABU REDDY,
2.
SMT. SABITHA
AGED ABOUT 61 YEARS
W/O M.S.BABU REDDY,
BOTH ARE RESIDING AT
NO. 108-04-97
2ND MAIN, M.S.R. LAYOUT,
MARATHAHALLI OUTER RING ROAD,
MUNNEKOLALA, MARATHAHALLI COLONY
…PETITIONERS
(BY MS. HARSHITHA S., ADVOCATE)
AND:
1.
SRI SUBBAPPA
S/O MUNISWAMAPPA,
AGED ABOUT 70 YEARS,
RESIDING AT C.K.NAGARA,
HOSUR ROAD, ELECTRONIC CITY,
BENGALURU - 560100.
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
2.
SRI YELLAPPA
S/O LATE KAKAPPA
AGED ABOUT 67 YEARS,
3.
SMT. ROOPA
DAUGHTER IN LAW OF YELLAPPA,
AGED ABOUT 38 YEARS
BOTH ARE RESIDING AT NO.31,
7TH CROSS, NETAJI BADAVANE,
HARIJANA COLONY,
NEAR SHREE VARI CLINIC, OPP. ROAD,
MUNNEKOLALA, MARATHAHALLI POST
BENGALURU - 560037.
…RESPONDENTS
(VIDE ORDER DATED 21.09.2026 NOTICE
TO RESPONDENTS IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ALLING FOR THE
RECORDS AND QUASHING/SET ASIDE THE ORDER DATED
05.09.2026 PASSED BY THE LEARNED CCH-73, CITY CIVIL AND
SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, INSOFAR
AS I.A. NO.2/2026 IN O.S. NO.25914/2026 SEEKING POLICE
PROTECTION HAS BEEN MERELY ORDERED TO BE NOTIFIED TO
THE RESPONDENTS, AS EVIDENCED BY THE DAILY ORDER
SHEET PRODUCED AS ANNEXURE-A, AND CONSEQUENTLY
DIRECT THE LEARNED TRIAL COURT TO CONSIDER AND PASS
APPROPRIATE ORDERS ON I.A. NO.2/2026 FORTHWITH, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
1. The petitioners have filed O.S. No.25914/2026 seeking a declaration and injunction in respect of the suit schedule property.
2. The Trial Court, by order dated 28.08.2026, directed the defendants to maintain status quo as on that date in respect of the suit schedule property. Alleging violation of the said order of status quo, the petitioner filed a miscellaneous petition under Order XXXIX Rule 2A of the CPC, wherein notice was issued to the defendants. As the alleged violation of the order of status quo continued, the petitioner filed an application under Section 151 of the CPC, seeking police protection for implementation of the order of status quo.
3. The Trial Court, by order dated 05.09.2026, considering that the miscellaneous petition had been filed under Order XXXIX Rule 2A of the CPC for violation of the order of status quo, directed issue of notice to the defendants.
HC-KAR
4. Learned counsel appearing for the petitioners submits that, during the pendency of this petition, the respondents are putting up temporary constructions and attempting to create third-party rights.
5. Prima facie, the Trial Court was not justified in declining to grant police protection merely on the ground that a miscellaneous petition under Order XXXIX Rule 2A of the CPC was pending. When the Trial Court has directed the parties to maintain status quo, it is incumbent upon the Trial Court to ensure that the said interim order is not violated by either of the parties.
6. In that view of the matter, this Court is inclined to entertain the petition. In view of the limited order proposed to be passed by this Court, notice to the respondents is dispensed with.
7. The application filed under Section 151 of the CPC seeking police protection for implementation of the order of status quo dated 28.08.2026 is hereby allowed.
HC-KAR
It is stated that the suit schedule property falls within the jurisdiction of Marathahalli Police Station. The Marathahalli Police are hereby directed to extend police protection to the petitioners and ensure effective implementation of the interim order of status quo.
8. With the above observations, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
VP List No.: 1 Sl No.: 41