B R NAGARAJ SHETTY Vs. KUMARA

JUDGEMENT

(1.) The respondent, as the plaintiff has instituted OS No.87/2008 against Smt. Rukminiyamma, w/o lt. B.S.Rangappa Shetty, in the Court of Civil Judge at Krishnarajapet, to pass a decree of permanent injunction. Written statement was filed on 09.07.2008 and the suit has been contested. I.A.No.4 filed having been rejected on 02.07.2008, MA No.13/2008 was filed in the Court of Senior Civil Judge and JMFC., K.R.Pet.

(2.) An I.A, under Section 151 of CPC, filed by the second defendant, to direct the jurisdictional police to act in aid of the order of temporary injunction granted in MA No.13/2008 having been rejected by the Trial Judge, this Writ Petition was filed to quash the order passed on I.A.No.5 dated 06.04.2015, vide Annexure-G and grant consequential reliefs.

(3.) Sri.N.S.Sanjay Gowda, learned advocate for the petitioner submitted that the order of temporary injunction granted by the learned Appellate Judge on 06.01.2009 having been up held with the dismissal of the Writ Petition No.11410/2009 filed by the plaintiff and there being repeated attempts to disobey the order of temporary injunction, I.A.No.5 was filed. He submitted that I.A 5 has been rejected on wholly illegal view of the matter. Learned counsel contended that the view taken by the learned Trial Judge, on I.A.No.5, being opposed to the settled principles of law in catena of decision by this Court, interference with the impugned order is called for.