- 1 - HC-KAR NC: 2025:KHC:25779 MFA No. 5189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5189 OF 2025 (CPC) BETWEEN: MR ZAKEER HUSSAIN S MUDENUR AGED ABOUT 47 YEARS, SON OF SAYED BADASHA, RESIDING AT N.88, SHIVAYOUGHESHAR NAGAR, 4TH CROSS, HAVERI 561 110. …APPELLANT (BY SRI. DESHPANDE AMIT ANAND., ADVOCATE) AND: 1. MR. SYED YONUS HUSSAIN AGED ABOUT 31 YRS, S/O SYED AFZAL HUSSAIN, RESIDING AT NO. 20, 3RD CROSS, BARLIN, TUMKUR - 572 101. 2. MR.SHIVANNA, S/O. BYREGOWDA, AGED ABOUT 59 YRS, RESIDING AT NO. 149, GERAHALLI, SATANUR HOBLI, KANAKPURA TALUK, RAMANAGARAM - 560 078. 3. MR. GAUHER JAN. AGED ABOUT 66 YEARS, WIFE OF LATE NISAR AHMED, RESIDING AT NO. 34/2, GROUND FLOOR, Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25779 MFA No. 5189 of 2025 YALACHENAHALLI, JP NAGAR POST, BANGALORE 560078. 4. MR. ISRAR AHMAD, AGED ABOUT 35 YEARS, S/O LATE NISAR AHMAD, RESIDING AT NO.30/2, GROUND FLOOR, YALACHENAHALLI, JP NAGAR POST, BANGALORE - 560078. 5. MR. MITHUN VIJAYKUMAR PATIL, AGED ABOUT 45 YRS, S/O VIJAYKUMAR PATIL, RESIDING AT FLAT NO. 19/302, MANTRI RESIDENCY, BANNEGHATTA ROAD, BANGALORE - 560 076. …RESPONDENTS THIS APPEAL FOLLOWING OFFICE OBJECTIONS TO BE COMPLIED. 1. SETTING ASIDE THE ORDER DATED 03.05.2025 PASSED BY XXVII ACC & SJ IN ALLOWING IA.NO.1 IN O.S.NO.3350/2025 & CONSEQUENTLY DISMISS I.A.NO.1 FILED BY THE PLAINTIFF ANNEXURE C. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - HC-KAR NC: 2025:KHC:25779 MFA No. 5189 of 2025 ORAL JUDGMENT Learned counsel for the appellant is present and submits, that appellant/defendant No.3 is challenging the orders dated 03.05.2025 and 09.06.2025. It is further submitted that while allowing this appeal, a status quo order has been passed, and the police have been directed to implement the same. 2. Sri.Deshpande Amit Anand, learned counsel submits that the appellant had already lodged a caveat before the trial Court in O.S.No.3350/2025. He further submits that the appellant has filed an application seeking vacation of the ex-parte temporary injunction granted against the appellant by the trial Court. 3. It is further submitted that, while passing the said order caveator/appellant No.3 was not heard by the trial Court. He further submits that, O.S.No.3350/2025 now is posted on 23.07.2025. Now, in view of the ex-parte order and direction to the police, appellant may be - 4 - HC-KAR NC: 2025:KHC:25779 MFA No. 5189 of 2025 troubled by the police, as he is planning to undertake some construction work in the suit schedule property and hence, he prays to pass necessary order to expedite the disposal of pending IA's. 4. In view of the urgency pleaded by learned counsel for the appellant, it is just and proper to request the learned trial Court to consider the application for advancement, which is going to be filed by the appellant to advance O.S.No.3350/2025 and decide the pending applications after hearing both the sides on merits, expeditously. 5. Accordingly following; ORDER (i) In view of the urgency pleaded by the learned counsel for the appellant, the appellant is permitted to file appropriate advancement application before the trial court in O.S.No.3350/2025 on the file of - 5 - HC-KAR NC: 2025:KHC:25779 MFA No. 5189 of 2025 XXVII Addl. City Civil and Sessions Judge, Bengaluru. (ii) The said Court is requested to receive the advancement application and advance the said case on board. After hearing both the sides, the learned Trial Court is directed to dispose of pending IA's filed in O.S.No.3350/2025 expeditiously within the outer limit of fifteen days from the date of receipt/production of certified copy of this order on merits by giving opportunity to both the side. (iii) In view of the above, the appeal is dismissed. (iv) All the contentions of the parties are kept open. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE TIN List No.: 1 Sl No.: 3