Kadur C. Nanjappa, GPA Holder Ramamurthy and four others vs Sri. Andi and Others

B.S. Patil

In this writ petition, petitioner is seeking a direction to respondents 8 & 9 - the Circle Inspector of Police, Kadur Taluk. Chikmagalur District and the Superintendent of Police, Chikmagalur District to give police protection to the petitioner.

Petitioner has filed a suit for permanent injunction before the learned Munsiff, Kadur, in O.S. No. 880/1989 against respondents 1 to 7. According to the petitioner, the said suit has been decreed granting permanent injunction in favour of the petitioner and against respondents 1 to 7 restraining them from interfering with the petitioner''s possession and enjoyment of the suit schedule lands. It is further urged by the petitioner that Regular First Appeal filed against the said judgment and decree has been dismissed by the Appellate Court. According to the petitioner, as respondents 1 to 7 were disturbing the possession and enjoyment of the petitioner, he gave number of representations to respondent No. 8 herein seeking protection against the illegal acts of respondents 1 to 7 and as the respondent - Police did not extend protection, the present writ petition is filed.

Upon hearing the Learned Counsel for the petitioner and on consideration of the nature of the grievance made, I find that if respondents 1 to 7, who are parties to the suit O.S. No. 880/1989 and who have suffered an order of permanent injunction, are violating the terms of the decree, then it will be open to the petitioner to execute the decree by resorting to the provisions contained under the CPC Order XXI Rule 32 CPC provides for an alternative remedy in this regard. Hence, reserving liberty to the petitioner to avail such an alternative remedy, this writ petition is dismissed.