Karnataka High Court
WP/16129/2025 of SMT S UMA Vs SRI KRISHNAKUMAR on 24 August 2026
CNR: KAHC010309382025 NC: 2026:KHC:45410 WP No. 16129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.16129 OF 2025 (GM-CPC) BETWEEN: SMT. S. UMA W/O LATE MANJUNATH AGED ABOUT 54
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.16129 OF 2025 (GM-CPC)
BETWEEN:
SMT. S. UMA
W/O LATE MANJUNATH
AGED ABOUT 54 YEARS,
RESIDING AT SOORANAHALLI VILLAGE,
KASABA HOBLI,
HOLENARASIPURA TALUK,
HASANA DISTRICT – 573 211.
…PETITIONER
(BY SRI. RAKESH M., ADVOCATE FOR
SRI. KARTHIK B.Y., ADVOCATE)
AND:
SRI KRISHNAKUMAR
S/O K. ANNAIAH
AGED ABOUT 64 YEARS,
RESIDING AT ULIVALA VILLAGE,
KASABA HOBLI,
HOLENARASIPURA TALUK,
HASANA DISTRICT – 573 211.
…RESPONDENT
(BY SRI. M.R. PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN
E.X.NO.18/2024 BY THE LEARNED CIVIL JUDGE AND JMFC AT
HOLENARASIPURA; SET ASIDE THE IMPUGNED ORDER 18.01.2025
PASSED ON I.A.NO.3 IN E.X.NO.18/2024 BY THE LEARNED CIVIL
JUDGE AND JMFC AT HOLENARASIPURA, WHEREBY, THE
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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APPLICATION UNDER SECTION 151 OF CPC FILED BY THE
PETITIONER HAS BEEN DISMISSED WHICH IS PRODUCED AND
MARKED AS ANNEXURE-K.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
1. The petitioner, who is the decree holder in O.S.No.9/2019, on the file of the Court of the Civil Judge, Holenarasipura [the Trial Court], is before this Court, calling in question the order dated 18.01.2025 passed on I.A.No.III filed under Section 151 of the Code of Civil Procedure [CPC] in E.X.No.18/2024, whereby the prayer for grant of police protection to enforce the decree passed in the said suit came to be rejected.
2. Learned counsel appearing for the respondent brings to the notice of this Court that the judgment and decree passed in O.S.No.9/2019, on basis of which the petitioner claims to be entitled to police protection was itself been assailed by the judgment debtor [the respondent] in the appeal [R.A.No.26/2023]. The said appeal has been allowed on 02.05.2026 and the judgment and decree of the Trial Court dated 30.06.2023 in O.S.No.9/2019
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has been set aside, with the matter being remanded to the Trial Court for fresh disposal in accordance with law.
3. The Appellate Court in R.A.No.26/2023 passed the following order: “ORDER
The appeal filed by the appellant under order 41 Rule 1 of CPC, and I.A.No.III filed by the appellant under Order 41 Rule 27 of CPC, is hereby allowed on cost of Rs.2000/-.
Consequently, the Judgment and Decree passed by the Civil Judge and JMFC., Holenarasipura, in O.S.09/2019 dated 30.06.2023 is hereby by set aside.
The matter is remanded back to the trial court for fresh disposal.
The trial court shall give an opportunity to the defendant to lead evidence and dispose off the matter afresh in accordance with law.
The appellant is directed to pay cost of Rs.2,000/- to the respondent.
The parties are directed to co-operate with the trial court for expeditious disposal of the case.
The parties are directed to appear before the trial court on 25.06.2026 without expecting any notice from the trial court.
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Draw decree accordingly.
Transmit the copy of this judgment to the Trial Court along with TCR forthwith.”
4. Hence, in view of the subsequent development and setting aside of the judgment and decree dated 30.06.2023 in O.S.No.9/2019, the very foundation for seeking police protection no longer survives. Consequently, it is not necessary for this Court to examine the correctness of the reasoning assigned by the Trial Court in passing the impugned order, as the prayer made in the present writ petition has been rendered unsustainable. Accordingly, the writ petition is dismissed.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 20