IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 1391 DAY OF OCTOBER 2009
BEFORE I E
THE HON'BLE MR. JUSTICE AJIT T-
WRIT PETITION NO.1251(3;/A2009{CM%VPQiiCvé}.. E '
BETWEEN :
Smt.G.Ma1a,
W/o.Late Sri.K.Ramesh,
Aged about 30 years, .
No.1, Venkatswamy Layout,-'_ V I
Opp.BaI3,aswadi Railway S'tatioi1,= _ E ._ " » .,
Lingarajapura ExtensiQn.,,'_ ' "
Bangalore ~-- 56.9084.
E' . .PI-ETITIONER
(Sy sg¥I;'::§I_--IygI£:aIEy Adv.)
AND :' E
I. ,53fi1t.V.Afiasufy?a' Devi.
-Aged--ab0ut 63 'years,
' V. / Q'. lateyflri. Kanthraj
T'TEsrI.K.iiIIma};)aIhy.
A 48 years.
S,' 9."! ate Sri.KaI1thraj,
' C'3.1'i.Ié.N agaraju.
* .._A_geC1 about 52 years,
S/o.Late Ramaswamy
E All are residing at No.1,
Venkatswamy Layout,
Opp.Ba}:1aswadi Railway
Station, Lingarajapura
Extension, Bangalore--56O 084
4. Sub--Inspector of Police,
Banaswadi Police Station, . 5 ,_
HBR Layout, Bangalore. 1
(By Sri.M.D.Raghunath, Advrfor R23] i r it
Sri.N.Krishnarnurthy, Adv, ,forji it g
Sri.Narendra Prasad, for R4} " « 2 "
This writ petition is filedpnder 'Ar_tic'1esVf226 and
227 of the Constitution of I.ndiao_:'wit'h a prayer='to quash
the endorsement dated Q11.04.;20OQfat'Annexure 'G' and
direct the respondent No'.4i'-to:"regi'stfer' an appropriate
FIR against theV.respc;nderits =in:_ter’1nS” or the complaint
given by the:.vpetitioner interms [ofthfe complaint given
by the petitionerjlin termed of __thfe. cornpiaint given by the
petitioner at AnneXt1_res«rli’.”D;’ it
This’ -. coming on for preliminary
hearing in’ B’ ._Cl1″rr’7.C!€.L};l)’,’~._p_ifl’i.1’E’. day, the Court made the
followingzfliil _ l ‘ ” V.
‘ g iiggpetitioner had filed a suit in
O..S’;Nol9ii’6/§}”i2005 against respondents I to 3 for
permanent injunction restraining them from interfering
peaceful possession and enjoyment of the shop
premises. On contest, the said suit was decreed as
against which respondents 1 to 3 have filed an appeal in
/,
– 3 –
R.F.A.No.444/2009 and the said appeal is still pending.
In the meantime, the petitioner alleges that resporilktnts
1 to 3 are trying to interfere with her
Hence, she lodged a complaint with the -.
police at Banaswadi Police Sta,tiori,.,c;opy.:
produced at Annexure ‘G?’ indicating thatl’l’tii;e_isulojectllv
matter of the present proceedings is seiiedlziy this Court
on the Civil side. A _ V pp p
2. Indeed if there v:gio1’at.ilo’n’ the judgment
and decree it is always open
for the.._ApetitioVnVerj execution. Hence, following
order is passed: l . ‘
(a) ‘Arine)i1:£re.f.G’ does not warrant interference.
are bound by the judgment and decree
in the civil proceedings.
~{c)”;Reserving liberty to the petitioner to sue out
execution, petition stands disposed of
accordingly.
3. M1-.N.B.Vishwanath, learned Addifgional
Government Advocate appearing for respondent
permitted to file memo of appearance
s1=s é