- 1 - HC-KAR NC: 2025:KHC:34591 WP No. 25488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25488 OF 2025 (GM-CPC) BETWEEN: T. MOHAMMED ARSHAD, S/O. MR. T. ZAMRUD, AGED ABOUT 51 YEARS, TAJ MANSION, C2, 2ND FLOOR, 27 MILLERS ROAD, 1ST CROSS, BENSON TOWN, BANGALORE - 560 046. …PETITIONER (BY SRI. SATYANAND B S.,ADVOCATE) AND: 1. MR. DAWOOD SHARIFF @ MR. RIYAZ, S/O LATE DR. SALEH SHARIFF, AGED ABOUT 57 YEARS, R/AT NO. 5/1, MOSQUE ROAD, FRASER TOWN, BANGALORE - 560 005. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34591 WP No. 25488 of 2025 2. MRS. MUMTAZ BEGUM, D/O LATE JAMEEL AHMED, AGED ABOUT 84 YEARS, R/AT NO. 6/21, ISLAMIA HIGH SCHOOL ROAD, PERAMBUR NORTH ARCOT DISTRICT, TAMILNADU - 635 810. …RESPONDENTS (BY SRI. RAJESWARA.P.N.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN OS NO. 5912 OF 2025 PENDING ON THE FILE OF THE LEARNED I ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH NO. 2)- ANNEXURE - A2; ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OF SIMILAR NATURE QUASHING THE ORDERS PASSED ON IA NO. 1, DATED 19.08.2025, IN OS NO. 5912 OF 2025 PENDING ON THE FILE OF THE LEARNED I ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH NO. 2)- ANNEXURE - A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34591 WP No. 25488 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: " 1. Call for the entire Records in OS No. 5912 of 2025 pending on the file of the Learned I Addl. City Civil & Sessions Judge at Bangalore (CCH No. 2)- Annexure - A; 2. Issue Writ of Certiorari or any other writ of similar nature Quashing the Orders passed on IA No. 1, dated 19.08.2025, in OS No. 5912 of 2025 pending on the file of the Learned I Addl. City Civil & Sessions Judge at Bangalore (CCH No. 2)- Annexure - A; 3. Grant such other relief/s as it deems fit under the circumstances of the case on hand." 2. Heard Sri.Satyanand B.S., learned counsel appearing for the petitioner and Sri.Rajeswara P.N., learned counsel appearing for the respondents and have perused the material on record. 3. The petitioner is the plaintiff institutes the suit in O.S.No.5912/2025 seeking injunction against the defendants. The concerned Court only issues emergent notice, does not - 4 - HC-KAR NC: 2025:KHC:34591 WP No. 25488 of 2025 grant an ex parte injunction as was sought for in the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. Therefore, the petitioner is before this Court. This Court had granted an interim order on 20.08.2025 which reads as follows: "Learned counsel for the petitioner to serve the defendants by way of hand summons and file an acknowledgement of such service. List this matter on 3.9.2025. The respondents are restrained in so far as 'A' schedule property, till the next date of hearing. " 4. The respondents are now represented, and both the learned counsel for the petitioner and respondents would in unison submit that the concerned Court be directed to dispose the application under Order XXXIX Rules 1 and 2 of CPC, which is pending consideration. The concerned Court shall dispose the application in 4 weeks from the date of receipt of a copy of this order. 5. In the light of the subsistence of the interim order, I deem it appropriate to continue the same for a period of four weeks from the date of receipt of the copy of this order. - 5 - HC-KAR NC: 2025:KHC:34591 WP No. 25488 of 2025 6. Learned counsel Sri.P.N.Rajeswara undertakes to enter appearance for the defendant in the said suit. The undertaking is placed on record. 7. For the aforesaid reasons, the following: ORDER [i] Writ Petition is disposed. [ii] Interim order subsisting would continue for a period of four weeks. [iii] The concerned Court is directed to hear the parties and dispose the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, within an outer limit of four weeks, if not earlier, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 44