- 1 - NC: 2025:KHC:8471 WP No. 4401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4401 OF 2025 (GM-CPC) BETWEEN: SHAHEDA SULTANA MANIYAR W/O NIZAMUDDIN KUDLAGI AGED ABOUT 43 YEARS R/AT 242 S,91ST ST. WEST DES MOINES IA 50266 USA REP BY HER GPA HOLDER MR MOHAMMED RIAZ AHMED S/O ABDUL AZEEZ SAHIB AGED ABOUT 62 YEARS R/AT NO 371,4TH A MAIN 3RD CROSS, DOMLUR BENGALURU-560071 …PETITIONER (BY SMT. ARATHI B.,ADVOCATE) AND: 1. MRS SABIHA BANU W/O SYED ADIL PASHA AGED ABOUT 50 YEARS 2. MR. SYED ADIL PASHA S/O SYED MUNAWAR AGED ABOUT 59 YEARS BOTH ARE R/AT NO 352 30TH CROSS NEAR SWAGATH GARUDA MALL TILAK NAGAR, JAYNAGAR BENGALURU-560041. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8471 WP No. 4401 of 2025 3. SHADAB KHAN AGED MAJOR 4. JAVEED AGED MAJOR R3 & R4 ARE R/AT FALCON FITNESS GYM NO 63 JM CAPITAL 2ND FLOOR OPP TO INDIAN OIL PETROL BUNK KAVAL BYRASANDRA RT NAGAR BENGALURU-560032. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-13) TO PASS ORDERS ON I.A.NOS. 3/2024 AND 4/2024 FILED BY THE PETITIONER IN OS 3429/2023 IN ACCORDANCE WITH LAW WITHIN A TIME BOUND MANNER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff, seeking a direction from this Court to the V Additional City Civil and Sessions Judge, Bengaluru to pass an order on I.A.Nos.3/2024 and 4/2024 filed by the plaintiff under - 3 - NC: 2025:KHC:8471 WP No. 4401 of 2025 Order XXXIX Rule 1 and 2 of CPC in O.S.No.3429/2023, in accordance with law. 2. Since the petitioner is only seeking a direction to dispose of the applications, service of notice to the respondents is not necessary. 3. The case of the plaintiff is that she has filed a suit for declaration. Along with the plaint, she has filed I.A.No.3/2024 under Order XXXIX Rule 1 and 2 of the CPC, seeking a direction to the defendants, their agents, and their henchmen from alienating or encumbering the suit schedule property in any manner till disposal of the suit. In addition, she has also filed I.A.No.4/2024 under Order XXXIX Rule 1 and 2 of the CPC, seeking a direction to the defendants, their agents, and their henchmen from putting up any further constructions on the suit schedule property in any manner, pending the disposal of the said suit. Thereafter, the defendants also filed their objections to the said applications. Though, the trial Court has already heard both sides on the said applications, it has - 4 - NC: 2025:KHC:8471 WP No. 4401 of 2025 failed to pass an order on the said applications and has kept adjourning the matter unnecessarily. Since no order has been passed on the said applications, the petitioner is before this Court seeking a direction to the trial Court to dispose of I.A.Nos.3/2024 and 4/2024. 4. Learned counsel for the petitioner-plaintiff has submitted that, even though, the trial Court has already heard both parties on the said applications and received the objections from the defendants to I.A.Nos.3/2024 and 4/2024, it has failed to pass any order on the said applications. Hence, he sought for allowing the writ petition by directing the trial Court to dispose of the applications. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. 6. The V Additional City Civil and Sessions Judge, Bengaluru is directed to dispose of I.A.Nos.3 and 4 filed by the petitioner-plaintiff under Order XXXIX Rule 4 of CPC, in - 5 - NC: 2025:KHC:8471 WP No. 4401 of 2025 accordance with law, as expeditiously as possible, on or before 31.03.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 14