- 1 - HC-KAR NC: 2025:KHC:30952 WP No. 17117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17117 OF 2025 (GM-CPC) BETWEEN: 1. MR. AMJAD PASHA S/O GAFFAR KHAN, AGED ABOUT 66 YEARS, THE WHITE HOUSE APARTMENT, NO.21/1 COLES ROAD, FRAZERTOWN, BANGALORE - 560 005. 2. MRS. TASNEEM AMJAD, W/O MR. AMJAD PASHA, AGED ABOUT 55 YEARS, RESIDING AT THE WHITE HOUSE APARTMENT, NO.21/1 COLES ROAD, FRAZER TOWN, BANGALORE - 560 005. …PETITIONERS (BY SRI. SYED NASEERUDDIN, ADVOCATE) AND: 1. ZIYUHOMES PRIVATE LIMITED REPRESENTED BY ITS CEO AND FOUNDER MR. AHMED ALI BAIG, OFFICE NO.485, SN TOWERS, 2ND FLOOR HBR 3RD BLOCK, OPP.B.D.A COMPLEX, POLICE CHOWKI, BANGALORE - 560 043. (REG. UNDER COMPANIES ACT) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30952 WP No. 17117 of 2025 CURRENTLY RESIDING AT. NO. 2, M-403, 2ND MAIN ROAD, 3 BLOCK HRBR LAYOUT BANGALORE - 560 043. 2. MR. PRADEEP N. S/O NAGARAJ, AGED ABOUT 34 YEARS, RESIDING AT NO.M403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. 3. MR. EDWIN, S/O. XAVIER, AGED ABOUT 42 YEARS, R/AT. NO. 2, FIRST FLOOR, FLAT NO. 201, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. 4. MRS. ANTHONY SAGAYAMARY, W/O. ANTHONY AGED ABOUT 70 YEARS R/AT. NO. 2, FIRST FLOOR, FLAT NO. 201, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. 5. MS. JENNIFER JOEL, D/O LCOLINA, AGED ABOUT 30 YEARS, R/AT. NO. 2, FIRST FLOOR, FLAT NO. 201, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. - 3 - HC-KAR NC: 2025:KHC:30952 WP No. 17117 of 2025 6. MRS. DAISY JACQUINE, W/O LCOLINA, AGED ABOUT 30 YEARS R/AT. NO. 2, FIRST FLOOR, FLAT NO. 201, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. 7. MOHAMMED NAYEEM, S/O A.R. IRSHAD AGED ABOUT 32 YEARS, SECOND FLOOR, FLAT NO. 301-302, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. 8. FARZANA KHANUM, W/O FANOOS AGED ABOUT 50 YEARS, SECOND FLOOR, FLAT NO. 303, M-403, 2ND MAIN ROAD, 3RD BLOCK, HRBR LAYOUT, BANGALORE - 560 043. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.05.2025 PASSED BY THE PRL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN IA NO.2 WAS FILED BY THE PLAINTIFF UNDER ORDER XXXIX RULE 10 R/W 151 OF CPC IN OS NO.25537/2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30952 WP No. 17117 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court feeling aggrieved by an order of the concerned court dated 03.05.2025, inasmuch as only suit summons and emergent notice is issued to the defendant Nos.1 to 8, who are the tenants in the property owned by the petitioner, the landlord. 2. The learned counsel appearing for the petitioner submits that the court ought to have answered the application by directing certain deposit, as the defendants No.1 to 8 have been squatting over the property, without paying a rupee of rent. Therefore, certain deposit was to be made, but the concerned court has issued only summons. The learned counsel appearing for the petitioner further submits that the defendants have now entered appearance before the concerned court. 3. In the light of the defendants entering appearance before the concerned court, I deem it appropriate to direct the concerned court to decide the application in IA.No.2/2025, - 5 - HC-KAR NC: 2025:KHC:30952 WP No. 17117 of 2025 within an outer limit of four weeks from the date of receipt of the copy of the order, in accordance with law. 4. It is made clear that this court has not expressed any opinion on the merit of the claim of the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 43 CT: BHK