MALAKAPPA SHRISHAIL PATIL Vs. RANGAPPA CHANNAPPA PATIL

JUDGEMENT

(1.) The captioned writ petition is filed by the defendant challenging the order dated 02.09.2020 passed on I.A.No.14 in O.S.No.1248/2015.

(2.) The short question that would arise for consideration in the present case on hand is, whether the learned judge was justified in passing orders on I.A.No.14 on the ground that the defendant did not contest I.A.No.14. The respondent-plaintiff relying on the interim injunction granted in his favour has filed the present application in I.A.No.14 under Section 151 of CPC seeking police protection to restrain the petitioner/defendants from causing interference and obstruction to the plaintiff's peaceful possession and enjoyment of the suit land. The learned Judge has granted police protection which has to be granted in exceptional cases. The Courts are required to exercise discretion judicially while granting police protection to the party having benefit of interim injunction.

(3.) The learned Judge has proceeded to pass order on I.A.No.14 by observing at Paragraph No.2 of his order that, the defendant is absent and his counsel is also absent.