M/S Godrej Properties Ltd v. Sri K G Anjaneya

NC:(2026:KHC:13148( WP(No.(6401(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(4 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(6401(OF(2026((GM-CPC)( BETWEEN:(( M/S,GODREJ,PROPERTIES,LTD, COMPANY,REGISTERED,UNDER,, THE,COMPANIES,ACT, HAVING,ITS,ZONAL,OFFICE,AT,, UNIT,NO.4,AND,5,,9TH,FLOOR, GODREJ,CENTRE,,INDIRANAGAR, B,M,KAVAL,,OLD,MADRAS,ROAD, BENGALURU-560,038, REP.,BY,ITS,AUTHORISED,SIGNATORY,, MR.,ESHWAR,B.R.,

…PETITIONER, (BY,SRI.,BADRI,VISHAL.,,ADVOCATE), AND:( SRI,K,G,ANJANEYA, S/O,LATE.,B,GANGADHARAPPA,,

AGED,ABOUT,48,YEARS,, Digitallytisignedtiby DHANALAKSHMI R/AT,NO.,684/,OPH,ROAD, MURTHY NEW,EXTENSION,,KADUGODI, Location:0HIGH BENGALURU-560,067.,COURTOF KARNATAKA …RESPONDENT, (BY,SRI.DHANANJAY,V,JOSHI,,SENIOR,ADVOCATE, FOR,SRI,SRIKANTH,S,,ADVOCATE,FOR,C/RESPONDENT), , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,227,OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, SET, ASIDE, THE, ORDER, DATED, 06.02.2026, PASSED, BY, THE, LEARNED, CIVIL, JUDGE, AND, JMFC,, BENGALURU, RURAL,, SITTING, AT, KRISHNARAJAPURAM, IN, O.S.NO.2156/2025,, PASSED, ON, I.A.NO.3/2025,AND,1.A.NO.4/2025,FILED,UNDER,SECTION,151, OF,CODE,OF,CIVIL,PROCEDURE,(ANNEXURE-A),AND,ETC.,

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

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER

¶1In this writ petition, the petitioner-defendant has called in question the order dated 06.02.2026 passed by the Civil Judge and JMFC, Krishnarajapura, Bangalore Rural District on I.A.No.III and I.A.No.IV filed in O.S.No.2156/2025 vide Annexure-A.

¶2For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. Petitioner herein is referred to as the defendant and respondent herein is referred to as the plaintiff.

¶3The plaintiff filed a suit in O.S.No.1024/2021 before the I Addl. Civil Judge, Bengaluru Rural District, Bengaluru, seeking relief of permanent injunction. Along with the suit, he filed an application i.e., I.A.No.I under Order XXXIX Rule 1 and 2 of CPC seeking an order of

temporary injunction restraining the defendant from putting up any construction over the suit schedule property i.e., land bearing Survey No.48, measuring 30 guntas situated at Dommasandra Village, Bidarahalli Hobli, Bengaluru East Taluk. The Trial Court, by order dated

05.01.2022, allowed the application and granted an order of temporary injunction restraining the defendant from putting up any construction over the suit schedule property till the disposal of the suit. Aggrieved by the order dated 05.01.2022 passed by the Trial Court, the defendant preferred M.A.No.49/2022 before the IV Additional Senior Civil Judge, Bangalore, Rural District. The First Appellate Court, by order dated 16.03.2023, dismissed the appeal and confirmed the order passed by the Trial Court. Subsequently, the suit bearing O.S.No.1024/2021 was transferred to Civil Judge & JMFC, Bengaluru Rural at Krishnarajapura and renumbered as O.S.No.2156/2025. Thereafter, plaintiff filed I.A.No.III under Order XXXIX Rule 2-A of CPC seeking detention of

the defendant in civil prison for alleged violation of order of temporary injunction dated 05.01.2022; and I.A.No.IV under Section 151 of CPC seeking police protection against the defendant alleging interference with the suit schedule property. The Trial Court, by impugned order dated

06.02.2026, directed the Office to register a separate miscellaneous case in respect of I.A.No.III. In respect of I.A.No.IV, the Trial Court, by impugned order dated

06.02.2026 has allowed the application and directed the jurisdictional police to provide all necessary aid and assistance for the implementation and enforcement of the order of temporary injunction dated

05.01.2022. Aggrieved by the said impugned order dated 06.02.2026 passed by the Trial Court on I.A.No.III and I.A.No.IV, the present petition has been filed by the defendant.

¶4The Trial Court, by impugned order dated

06.02.2026, directed the Office to register a separate miscellaneous case in respect of I.A.No.III filed under Order XXXIX Rule 2-A of CPC. The same has been

registered as per the law. There is no error in passing an order for registering the I.A.No.III as a separate miscellaneous case. This Court does not find any error in the said direction. Therefore, the prayer sought in this writ petition insofar as I.A.No.III is concerned stands rejected.

¶5Insofar as the prayer sought in respect of I.A.No.IV is concerned, the application is filed under Section 151 of CPC seeking police protection. The apprehension of the defendant is that instead of merely implementing the order, the police are supporting the plaintiff in altering the nature of the suit schedule property.

¶6Learned Senior Counsel appearing for the plaintiff– respondent submits that the police protection has been sought only to ensure that the order of the Trial Court passed on I.A.No.I is not violated by any party and that the plaintiff will not make any alteration to the nature of the property with the aid of the police.

¶7In view of the above, no further orders are required to be passed on I.A.No.IV. However, it is clarified that the police shall extend protection only for the purpose of ensuring implementation of the Trial Court's order passed on I.A.No.I and shall not support either of the parties in making any alteration to the suit schedule property. In the event of any violation of the Trial Court's order, the police shall report the same to the concerned Court.

¶8With the above observation, the writ petition is disposed of.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 23