- 1 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27135 OF 2025 (GM-CPC) BETWEEN: 1. SRI. SIKANDER PASHA, S/O LATE MOHAMED AKBAR, AGED ABOUT 38 YEARS. 2. SRI. MOHAMED AZEEMULLA, AGED ABOUT 36 YEARS, S/O LATE MOHAMED AKBAR, BOTH ARE R/AT OLD MASJID MOHALLA, WARD NO. 18, MAGADI TOWN, MAGADI TALUK, RAMANAGARA DISTRICT – 562 120. …PETITIONERS (BY SRI. PUNEET C., ADVOCATE (VC)) AND: 1. SRI. SHABBEER PASHA, S/O LATE BAKSHU, AGED ABOUT 48 YEARS. 2. SRI. AMJAD PASHA, S/O LATE BAKSHU, AGED ABOUT 50 YEARS. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 3. SRI. AKRAM PASHA, S/O LATE BAKSHU, AGED ABOUT 45 YEARS. 4. SRI. BARKATH PASHA, S/O LATE BAKSHU, AGED ABOUT 38 YEARS. 5. SRI. MOULA, S/O LATE BAKSHU, AGED ABOUT 40 YEARS. 6. SRI. ADDU, S/O LATE BAKSHU, AGED ABOUT 30 YEARS, RESPONDENT NO.1 TO 6 AND 41 ARE R/AT OLD MASJID MOHALLA, MAGADI TOWN – 562 120. 7. SRI. M.K.JAGANNATH, S/O LATE KEMPACHANNAIAH, AGED ABOUT 66 YEARS. 8. SMT. PADMA, W/O M.K.JAGANNATH, AGED ABOUT 59 YEARS. 9. SRI. M.J.RAVIKUMAR, S/O M.K.JAGANNATH, AGED ABOUT 40 YEARS. DEFENDANTS NO.7 TO 9 ARE R/AT OPP. TO SRI. KUKKALAMMA TEMPLE, DR. RAJKUMAR ROAD, - 3 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 KALYAGATE, MAGADI TOWN – 562 120. 10. SRI. M.K.KRISHNAPPA, S/O LATE KEMPACHANNAIAH, AGED ABOUT 60 YEARS. 11. SMT. INDIRAMMA, W/O M.K.KRISHNAPPA, AGED ABOUT 55 YEARS. 12. KUM. K.SHUBHA, D/O M.K.KRISHNAPPA, AGED ABOUT 35 YEARS. 13. KUM. K.SHWETHA, D/O M.K.KRISHNAPPA, AGED ABOUT 33 YEARS, DEFENDANTS NO.10 TO 13 ARE R/AT NO.448, 5TH C MAIN ROAD, 3RD STAGE, 3RD BLOCK, BASAWESHWARANAGARA, BENGALURU – 560 079. 14. SRI. NARASIMHAMURTHY, S/O LATE KEMPAGOOLAIAH, AGED ABOUT 64 YEARS, R/AT POOJARIPALYA VILLAGE, HAMLET OF AGALAKOTE, KASABA HOBLI, MAGADI TALUK – 562 120. 15. SRI. R.SRINIVAS, S/O LATE RANGADHAMAIAH, - 4 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 AGED ABOUT 53 YEARS, R/AT NEXT OF BALAJI THEATRE, GUDEMARANAHALLI ROAD, MAGADI TOWN – 562 120. 16. SRI. M.G.GOPAL, S/O LATE GANGANNA, AGED ABOUT 73 YEARS, R/AT DR.RAJKUMAR ROAD, NEAR KUKKALAMA TEMPLE MAGADI TOWN – 562 120. 17. SMT. SHARADAMMA, W/O K.P.NARAYANAPPA, AGED ABOUT 84 YEARS, R/AT NO.9, 13TH CROSS, AATHMEEYA GELAYARA BALAGA EXTENSION, HESARAGHATTA MAIN ROAD, BENGALURU – 560 090. 18. SRI. RAMAIAH, S/O LATE HANUMAIAH, AGED ABOUT 62 YEARS, R/AT AGALAKOTE VILLAGE, KASABA HOBLI, MAGADI TALUK – 562 120. 19. SMT. RANGAMMA, W/O T.PUTTARAJU, AGED ABOUT 64 YEARS, R/AT BEHIND NIRMALA TALKIES, MAGADI TOWN – 562 120. 20. SRI. K.B.KRISHNA, S/O BOREGOWDA, - 5 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 AGED ABOUT 50 YEARS, R/AT OPP. BALAJI THEATRE, KOTAPPANAPALYA, MAGADI TOWN - 562 120. 21. SMT. RAJAMMA, W/O BASAVAIAH, AGED ABOUT 53 YEARS, R/AT AGALAKOTE VILLAGE, KASABA HOBLI, MAGADI TALUK – 562 120. 22. SRI. NARASIMHAMURTHY, S/O PUTTAMARAIAH, AGED ABOUT 45 YEARS, R/AT AJJANAHALLI VILLAGE, MADBAL HOBLI, MAGADI TALUK – 562 120. 23. SRI. K.R.NAGARAJU, S/O RANGASWAMAIAH, AGED ABOUT 47 YEARS, R/AT KONDAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK – 562 120. 24. SRI. TEJESH KUMAR, S/O LATE MAHADEVAIAH, AGED ABOUT 37 YEARS, R/AT HOMBALAMMANAPETE, MAGADI TOWN – 562 120. 25. SMT. M.V.ROOPA, W/O VEDAMURTHY, AGED ABOUT 40 YEARS, - 6 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 R/AT NEYGE BEEDHI, KALYAGATE, MAGADI TOWN – 562 120. 26. SMT. RANGAMMA, W/O LATE PUTTARAJU, AGED ABOUT 63 YEARS. 27. SRI. P.TIRUMALESH, S/O LATE PUTTARAJU, AGED ABOUT 42 YEARS, RESPONDENT NO.26 AND 27 ARE R/AT BEHIND MARUTHI MOHAN THEATRE, MAGADI TOWN – 562 120. 28. SRI. B.C.CHANDRASHEKAR, S/O LATE H.CHANNABASAPPA, AGED ABOUT 55 YEARS. 29. SMT. NAGARATHNA, W/O B.C.CHANDRASHEKAR, AGED ABOUT 55 YEARS. 30. KUM. HEMANJALI B.C., D/O CHANDRASHEKAR B.C., AGED ABOUT 18 YEARS, RESPONDENT NO.28 TO 30 ARE R/AT GANIGARA BEEDHI, BEHIND TALUK OFFICE, MAGADI TOWN – 562 120. 31. SRI. SRIKANTH M.R. S/O RAMU B.S., AGED ABOUT 36 YEARS, R/AT NEAR KALYAGATE WATER TANK, - 7 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 MAGADI TOWN – 562 120. 32. SRI. B.V.MANJUNATHASWAMY, S/O R.VIJAYKUMAR, AGED ABOUT 43 YEARS, R/AT NO.149, 8TH CROSS, 4TH MAIN, BAPUJINAGARA, NEAR GOVT. ELECTRIC FACTORY, BENGALURU – 560 025. 33. SMT. SRILAKSHMI C.D., W/O VENKATESH, AGED ABOUT 38 YEARS, R/AT NO.8, VIJAYA BANK ROAD, WARD NO.15, KALYAGATE, MAGADI TOWN – 562 120. 34. SRI. NANJAPPA, S/O CHANNAMALLAIAH, AGED ABOUT 52 YEARS. 35. SMT. RADHA.G.A, W/O P.C.NANJAPPA, AGED ABOUT 43 YEARS. 36. SRI. JEEVAN, S/O P.C.NANJAPPA, AGED ABOUT 22 YEARS. 37. KUM. LAVANYA, D/O P.C.NANJAPPA, AGED ABOUT 21 YEARS, RESPONDENT NO.34 TO 37 ARE R/AT NO.42, 1ST MAIN, 2ND CROSS, NEAR ANJANEYA TEMPLE, 2ND STAGE, - 8 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 SANJEEVININAGARA, VISHWANEEDAM POST, BENGALURU – 560 091. 38. SRI. RANGANATHA D., S/O LATE DASAPPA, AGED ABOUT 50 YEARS, R/AT KONDAHALLI VILLAGE, KASABA HOBLI, MAGADI TALUK – 562 120. 39. SMT. PAVITHRA M., W/O VIJAYKUMAR S., AGED ABOUT 38 YEARS, R/AT NO.36, RANGAPPA STREET, CHIKKAMAVALLI, BASAVANAGUDI, BENGALURU – 560 004. 40. SMT. ANUSHA M.S., W/O ARUNKUMAR N., AGED ABOUT 26 YEARS, R/AT POOJARIPALYA VILLAGE, HAMLET OF AGALAKOTE, KASABA HOBLI, MAGADI TALUK – 562 120. 41. SRI. SHAIRU, S/O. LATE BAKSHU, AGED ABOUT 36 YEARS, R/AT OLD MASJID MOHALLA, MAGADI TOWN – 562 120. 42. SRI. ABDUL JABBAR, S/O LATE ABUDL ROUF @ NANNESAB, - 9 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 AGED ABOUT 62 YEARS, R/AT WARD NO.18, OLD MASJID MOHALLA, MAGADI TOWN – 562 120. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, MAGADI TO DISPOSE THE I.A.NO.1 FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 OF THE CODE OF THE CIVIL PROCEDURE IN O.S.NO. 796/2024 PENDING ON THE FILE OF AS PER ANNEXURE-B WITHIN 4 WEEKS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "a) Issue a writ of mandamus, directing the Learned I Additional Senior Civil Judge, Magadi to dispose the I.A.No.1 filed by the Petitioners under order 39 rule 1 - 10 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 and 2 of the Code of the Civil Procedure in O.S.No.796/2024 pending on the file of as per ANNEXURE-B within 4 weeks. b) Issue such other and further reliefs as this Hon'ble Court may deems fit under the facts and circumstances of the case by allowing the writ petition, in the interest of justice and equity." 2. Heard Sri.Puneet C, learned counsel appearing for the petitioners and have perused the material on record. 3. Petitioners are plaintiffs, institute a suit in O.S.No.796/2024 seeking injunction against the respondents, also an order not to alienate the suit schedule property. Petitioners also file an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, restraining the respondents from interference as well. The concerned Court though notwithstanding the passage of one year has not passed an order on the said application, is the submission of the learned counsel appearing for the petitioners. 4. In that light, I deem it appropriate to direct the concerned Court to dispose the application within an outer limit of four weeks, from the date of receipt of the copy of the order, if not earlier and if not already disposed. - 11 - HC-KAR NC: 2025:KHC:37677 WP No. 27135 of 2025 Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 91