- 1 - HC-KAR NC: 2025:KHC:37598 WP No. 11061 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11061 OF 2024 (GM-CPC) BETWEEN: 1. MR. ADNAN SHABAZ, S/O LATE M A SHABAZ, AGED ABOUT 45 YEARS, REGENCY HAMSA, IST FLOOR, OLD NO.14, NEW NO.10, LLOYD ROAD, BENGALURU - 560 059 REPRESENTED BY HIS CONSTITUTED ATTORNEY MRS. TASNEEM FATHIMA @ TASNEEM FATHIMA MAGRABI @ TASNEEM FATHIMA AHMED. 2. MR. AMAN SHABAZ S/O LATE M A SHABAZ, AGED ABOUT 40 YEARS, REGENCY HAMSA, IST FLOOR, OLD NO.14, NEW NO.10, LLOYD ROAD, BENGALURU-560 059 REPRESENTED BY HIS CONSTITUTED ATTORNEY MRS. TASNEEM FATHIMA @ TASNEEM FATHIMA MAGRABI @ TASNEEM FATHIMA AHMED. 3. MRS. SHAZIA F AHMED D/O SALEEM AHMED, AGED ABOUT 39 YEARS, REGENCY HAMSA IST FLOOR, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37598 WP No. 11061 of 2024 OLD NO.14, NEW NO.10, LLOYD ROAD, BENGALURU-560059 REPRESENTED BY HIS CONSTITUTED ATTORNEY MRS. TASNEEM FATHIMA @ TASNEEM FATHIMA MAGRABI @ TASNEEM FATHIMA AHMED. 4. MRS. THASNEEM F AHMED D/O LATE SALEEM AHMED, AGED ABOUT 55 YEARS, REGENCY HAMSA, IST FLOOR, OLD NO.14, NEW NO.10, LLOYD ROAD, BENGALURU - 560 059 …PETITIONERS (BY SRI. NAYANA TARA B.G, ADVOCATE) AND: 1. MR. GHANI HANEEF S/O LATE ABDUL GHANI, AGED ABOUT 52 YEARS, R/AT NO.26/1A, MILLERS ROAD CROSS, BENSON TOWN, BENGALURU - 560 046. 2. MR. S.S. ZAMEER AHMED S/O LATE SABJAN, AGED ABOUT 50 YEARS, R./AT NO.66/1 AND 67, BENSON TOWN, BENGALURU - 560 046 …RESPONDENTS (BY SRI. V.B. SHIVA KUMAR.,ADVOCATE FOR R1 AND R2) - 3 - HC-KAR NC: 2025:KHC:37598 WP No. 11061 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07/03/2024 PASSED ON THE MEMO FOR DISMISSAL DATED 29/01/2024 IN OS NO. 6896/2022 PENDING ON THE FILE OF THE XIV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-28) VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE MEMO FOR DISMISSAL FILED BY THE PETITIONERS VIDE ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Smt. Nayana Tara B.G., learned counsel appearing for the petitioners and Shri V.B. Shiva Kumar, learned counsel appearing for respondents No.1 and 2. 2. The petitioner is before this court calling in question an order of the concerned court, which declines to file a memo for disposal of the suit on the score that there is another commercial OS in Com.OS.No.299/2023, pending - 4 - HC-KAR NC: 2025:KHC:37598 WP No. 11061 of 2024 consideration. The concerned court rejects the memo by the following reasons, inter alia: "6. Admittedly, the suit for eviction of tenant is a subsequent suit. The suit filed by the landlord against the plaintiff is still pending for consideration. The court has not yet passed any decree/order directing the tenant to handover the vacant possession of the building. As it has not yet been decided whether the landlords of the property is entitled to get the relief sought in that suit or not, this court has no option but to dismiss the memo filed by the defendants. Hence following: ORDER The memo filed by the defendant is hereby rejected. Pleadings of both parties demonstrates that there is no chance of settlement. Ordered accordingly. For issues by: 19.04.2024." 3. The learned counsel appearing for the petitioners now submits that the aforesaid paragraph is referred to the order impugned has now been decreed and the direction is to deliver vacant possession of the suit schedule property to the hands of the petitioner. In that light, the order of the concerned court which did not consider the memo on the ground that there was no decree in the suit is no longer valid. 4. In that light, I deem it appropriate to direct the concerned court to pass necessary orders bearing in mind the - 5 - HC-KAR NC: 2025:KHC:37598 WP No. 11061 of 2024 decree of the suit in Com.O.S.No.299/2023, within an outer limit of four weeks from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 38 CT: BHK