T.P.HARISH KUMAR Vs. CHANDRASHEKAR D.H

JUDGEMENT

(1.) The petitioner assails the order dated 30.07.2019 passed on I.A.No.3 in Ex.P.No.17/2017 by the Civil Judge and Additional JMFC, Tarikere, by which the application filed by the petitioner seeking police protection against the defendants not to interfere with his peaceful possession over the suit property came to be dismissed.

(2.) The plaintiff filed a suit for permanent injunction against the respondents in O.S.No.31/2015 before the Civil Judge, Tarikere, to restrain the respondents from interference with his peaceful possession and enjoyment over the suit property. The trial Court decreed the suit in favour of the petitioner by its order dated 24.08.2015 and also granted permanent injunction against the respondents restraining them not to interfere with the peaceful possession and enjoyment of the suit property of the petitioner. The petitioner filed an execution petition in Ex.P.NO.17/2017 before the Civil Judge and Additional JMFC, Tarikere, seeking enforcement of the judgment and decree in O.S.No.31/2015 dated 24.08.2015 against the respondents.

(3.) In the pending execution petition, the petitioner preferred an application in I.A.No.3 under Section 151 of the Code of Civil Procedure, 1908, seeking a direction to the jurisdictional police to provide protection to the petitioner in respect of the suit property alleging that his peaceful possession is disturbed by the respondents. This application came to be rejected by the trial Court by the following order: