- 1 - HC-KAR NC: 2025:KHC:25780 MFA No. 5188 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5188 OF 2025 (CPC) BETWEEN: MR. ZAKER HUSSAIN S MUDENUR AGED ABOUT 47 YEARS, SON OF SAYED BADASHA, RESIDING AT N.88, SHIVAYOUGHESHAR NAGAR, 4TH CROSS, HAVERI 561 110. …APPELLANT (BY SRI. DESHPANDE AMIT ANAND., ADVOCATE) AND: 1. MR. SYED YONUS HUSSAIN AGED ABOUT 31 YRS, S/O SYED AFZAL HUSSAIN, RESIDING AT NO. 20, 3RD CROSS, BARLIN, TUMKUR - 572 101. 2. MR. HASEENA TAJ, AGED ABOUT 40 YRS, RESIDING AT NO.406, 1ST MAIN ROAD, 1ST STAGE, ASHWATH NAGAR, BANGALORE - 560 078. 3. MR CHANDRIKA H M AGED ABOUT 58 YRS, WIFE OF JAYARANGA SWAMY. RESIDING AT NO.84, 3RD MAIN ROAD, JAYANAGAR, BANGALORE - 560 010. DEFENDANT CROSS, MTB AREA. Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25780 MFA No. 5188 of 2025 4. MR. GAUHER JAN, AGED ABOUT 66 YRS, 3RD WIFE OF LATE NISAR AHMED, RESIDING AT NO.34/2, GROUND FLOOR, YALACHENAHALLI, JP NAGAR POST, BANGALORE - 560 078. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 09.06.2025 PASSED ON I.A.NO.III IN OS.NO. 3351/2025 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, I/C XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-09), ALLOWING THE I.A.NO.3 FILED UDER SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Learned counsel for the appellant is present and submits, that appellant/defendant No.3 is challenging the orders dated 03.05.2025 and 09.06.2025. It is further submitted that while allowing this appeal, a status quo order has been passed, and the police have been directed to implement the same. 2. Sri.Deshpande Amit Anand, learned counsel submits that the appellant had already lodged a caveat before the trial Court in O.S.No.3351/2025. He further - 3 - HC-KAR NC: 2025:KHC:25780 MFA No. 5188 of 2025 submits that the appellant has filed an application seeking vacation of the ex-parte temporary injunction granted against the appellant by the trial Court. 3. It is further submitted that, while passing the said order caveator/appellant No.3 was not heard by the trial Court. He further submits that, O.S.No.3351/2025 now is posted on 23.07.2025. Now, in view of the ex-parte order and direction to the police. Appellant may be troubled by the police, as he is planning to undertake some construction work in the suit schedule property and hence, he prays to pass necessary order to expedite the disposal of pending IA's. 4. In view of the urgency pleaded by learned counsel for the appellant, it is just and proper to request the learned trial Court to consider the application for advancement, which is going to be filed by the appellant to advance O.S.No.3351/2025 and decide the pending applications after hearing both the sides on merits. - 4 - HC-KAR NC: 2025:KHC:25780 MFA No. 5188 of 2025 5. Accordingly following; ORDER (i) In view of the urgency pleaded by the learned counsel for the appellant, the appellant is permitted to file appropriate advancement application before the trial court in O.S.No.3351/2025 on the file of XXVII Addl. City Civil and Sessions Judge, Bengaluru. (ii) The said Court is requested to receive the advancement application and advance the said case on board. After hearing both the sides, the learned Trial Court is directed to dispose of pending IA's filed in O.S.No.3351/2025 expeditiously within the outer limit of fifteen days from the date of receipt/production of certified copy of this order. - 5 - HC-KAR NC: 2025:KHC:25780 MFA No. 5188 of 2025 (iii) In view of the above, the appeal is dismissed. (iv) All the contentions of the parties are kept open. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE TIN List No.: 1 Sl No.: 2