- 1 - HC-KAR NC: 2025:KHC:42848 CP No. 215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 215 OF 2025 BETWEEN: 1. MR MOHAMMED KHASIM JANE ALIAS MOHAMMED KHASIM SAHEB S/O LATE. MOHAMMED IMAM SAHEB, AGED ABOUT 74 YEARS, 2. MRS. K. SHARFUNNISA, W/O MR. MOHAMMED KHASIM JANE@ MOHAMMED KHASIM SAHEB, AGED ABOUT 68 YEARS. 3. MR. MOHAMMED MUSTAQ. S/O MR. MOHAMMED KHASIM JANE @ MOHAMMED KHASIM SAHEB, AGED ABOUT 55 YEARS 4. MR. MOHAMMED YUSUF, S/O MOHAMMED MUSHTAQ AGED ABOUT 21 YEARS, NOW AGED ABOUT 20 YEARS 5. MR. MOHAMMED THOFIA, S/O MOHAMMED MUSHTAQ, AGED ABOUT 19 YEARS NOW AGED ABOUT 18 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42848 CP No. 215 of 2025 6. MRS. SABHA, D/O MOHAMMED MUSHTAQ. AGED ABOUT 18 YEARS, 7. MR. MOHAMMED SALEEM S/O MOHAMMED KHASIM, AGED ABOUT 51 YEARS, 8. MR. MOHAMMED MOINUDDIN S/O MOHAMMED KHASIM, AGED ABOUT 43 YEARS ALL ARE RESIDING AT NO. 1731, SAMPIGE ROAD, MALLESHWARAM, BANGALORE - 560 003 …PETITIONERS (BY SRI. IRSHAD AHMED K., ADVOCATE) AND: 1. SRI K NARAYANA REDDY S/O VENKATAREDDY, AGED ABOUT 82 YEARS, R/AT NO. 180, MADHU NIVAS, 5TH CROSS, BHARDRAPPA LAYOUT, BANGALORE - 560 094. 2. SRI. VENKATA SARAVAN KUMAR REDDY. S/O NARAYANA REDDY, AGED ABOUT 52 YEARS, R/AT NO. 180, MADHU NIVAS, 5TH CROSS, BHARDRAPPA LAYOUT, BANGALORE - 560 094 3. M/S. INDIA BULLS HOUSING FINANCE LTD., SAMMAN CAPITAL LIMITED - 3 - HC-KAR NC: 2025:KHC:42848 CP No. 215 of 2025 HAVING ITS BRANCH OFFICE AT NO.87/6, RICHMOND ROAD, SHANTHALA NAGAR RICHMOND TOWN, BENGALURU - 560 025, REPRESENTED BY ITS BRANCH MANAGER, 4. ELITE IIT COACHING CENTRE REPRESENTED BY ITS BRANCH MANAGER, IN FIRST AND SECOND FLOOR, PROPERTY BEARING NO.283, SAMPIGE ROAD, BETWEEN 17TH AND 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003 5. AK FASHIONS REPRESENTED BY ITS PROPRIETOR, STILT FLOOR IN PROPERTY BEARING NO.283, SAMPIGE ROAD, BETWEEN 17TH AND 18TH CROSS, MALLESHWARAM, BENGALURU - 560 003 …RESPONDENTS (BY SRI. V. SHIVAKUMAR, ADVOCATE FOR R1 AND R2 SRI. PREETHA BHARATHI, ADVOCATE FOR R3 R5 IS SERVED AND UNREPRESENTED VIDE ORDER DATED 14.10.2025, NOTICE TO R4 IS DISPENSED WITH) THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER TO TRANSFER COM.OS NO.1605/2024 PENDING IN THE COURT OF THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) CCH-85 BETWEEN MR. K. NARAYAN REDDY V/S MR. MOHAMMED - 4 - HC-KAR NC: 2025:KHC:42848 CP No. 215 of 2025 KHASSIM JANE AND OTHERS AND TRANSFER TO THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-15 WHERE O.S.NO.3571/2013 IS PENDING BETWEEN MR. MOHAMMED KHASSIM JANE AND OTHERS V/S K NARAYAN REDDY AND ANOTHER TRY AND DISPOSE OF BOTH THE CASES IN ACCORDANCE TO THE LAW AND GRANT SUCH OTHER RELIEF OR RELIEFS AS HONBLE COURT DEEM-FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for sometime, Sri Irshad Ahmad, learned counsel for the petitioner, files a memo which reads as under : "The petitioner submits that the petitioner is liberty to file application under Section 10 of CPC for stay of suit before Commercial Court. Therefore petitioner prays that Hon'ble Court be pleased to dismiss the petition with liberty to file memorandum of appeal under Section 10 of CPC before Commercial Court in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:42848 CP No. 215 of 2025 Placing the memo on record, Civil Petition stands dismissed as drawn with liberty as prayed for. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 6 CT-SG