- 1 - NC: 2025:KHC:3015 WP No. 28241 of 2023 C/W WP No. 27872 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28241 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 27872 OF 2023 (GM-CPC) IN WP No. 28241/2023 BETWEEN: 1. MR ABDUL KHALAK S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 61 YEARS 2. MR. SHAHIB PASHA S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 45 YEARS 3. MR. MUHIB PASHA G M S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 45 YEARS 4. MR. NAJIB PASHA S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 41 YEARS 5. HASHIB PASHA G M S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 35 YEARS ALL ARE R/AT GULISATENAHALLI VILLAGE HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT – 573211 …PETITIONERS (BY SRI. H D SOMESHA, ADVOCATE FOR SRI. RAJARAMA S.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3015 WP No. 28241 of 2023 C/W WP No. 27872 of 2023 AND: MR SADIQ ULLA KHAN S/O LATE AMER KHAN AGED ABOUT 62 YEARS R/AT SHABBIR NAGAR WARD NO.21, HUNSUR TOWN HUNASUR, MYSORE DISTRICT - 571105. …RESPONDENT (BY SRI. GANESHA R.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED: 30/10/2023 IN MA NO. 32/2023 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AT HOLENARASIPURA, VIDE ANNEXURE-A AND IMPUGNED ORDER DATED: 23/08/2023 ON IA NO. IV PASSED IN OS NO. 15/2023 ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA VIDE ANNEXURE-B AND ETC. IN WP NO. 27872/2023 BETWEEN: 1. MR ABDUL KHALAK S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 61 YEARS 2. MR SHAHIB PASHA S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 45 YEARS 3. MR MUHIB PASHA G M S/O LATE MAHAMMAD MIYA SAB, AGED ABOUT 45 YEARS, 4. MR NAJIB PASHA S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 41 YEARS 5. HASHIB PASHA G M S/O LATE MAHAMMAD MIYA SAB AGED ABOUT 35 YEARS, ALL ARE R/AT GULISATENAHALLI VILLAGE - 3 - NC: 2025:KHC:3015 WP No. 28241 of 2023 C/W WP No. 27872 of 2023 HALEKOTE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT 573211 ...PETITIONERS (BY SRI H D SOMESHA, ADVOCATE FOR SRI. RAJARAMA S.,ADVOCATE) AND: MR SADIQ ULLA KHAN S/O LATE AMER KHAN AGED ABOUT 62 YEARS R/A SHABBIR NAGAR WARD NO.21, HUNSUR TOWN HUNASUR, MYSORE DISTRICT 571105 ...RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUION OF INDIA PRAYING TO i) QUASH THE IMUGNED ORDER DTD 30.10.23 IN M.A NO. 30/23 PASSED BY THE III ADDL DISTRICT AND SESSION JUDGE AT HASSAN VIDE ANNEXURE-A AND IMPUGNED ORDER DTD 23.08.23 IN I.A. NO. III IN O.S. NO. 15/2023 ON THE FILE OF THE COURT OF THE CIVIL JUDGE AND JMFC AT HOLENARASIPURA VIDE ANNEXURE-B. AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER W.P.No.28241/2023 is filed by the plaintiffs in O.S.No.15/2023 challenging the order passed by the trial court on IA No.4 filed under Order 39 Rules 1 and 2 of CPC seeking temporary injunction restraining the defendants - 4 - NC: 2025:KHC:3015 WP No. 28241 of 2023 C/W WP No. 27872 of 2023 from interfering into the plaintiffs’ possession of the suit schedule property, whereby the trial court has dismissed the application and the same has been confirmed by the I Appellate Court. 2. W.P.No.27872/2023 is filed by the plaintiffs in O.S.No.15/2023 challenging the order passed by the trial court on IA No.3 filed under Order 39 Rules 1 and 2 of CPC seeking a direction to the Karnataka Bank not to release the compensation amount deposited in the said bank. The said IA 3 has been dismissed by the trial court and the same has been confirmed by the I Appellate Court. 3. In respect of order passed on IA No.3 by the trial court regarding releasing of the amount is concerned, as on today, the amount has been withdrawn by the defendant. Therefore, the relief sought in W.P.No.27872/ 2023 does not survive for consideration. 4. In respect of W.P.No.28241/2023 is concerned, this Court while passing the interim order, on 19.01.2024 directed the parties not to alienate, encumber or create - 5 - NC: 2025:KHC:3015 WP No. 28241 of 2023 C/W WP No. 27872 of 2023 third party rights over the suit schedule property till the next date of hearing. 5. In view of the above, the following order is passed: (i) The writ petitions are disposed of. (ii) The trial court is directed to dispose of the suit as expeditiously as possible, not later than ten months from the date of receipt of a copy of this order. (iii) Interim order granted by this Court on 19.01.2024 shall continue till the disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 78