- 1 - NC: 2025:KHC-D:5037 WP No. 107431 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107431 OF 2024 (GM-CPC) BETWEEN: MR. JAFFER MOHAMAD GOUS SHEDBALKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.96, NEW VEERABHADRA NAGAR, BELAGAVI-590 001. … PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. MR. MOHD. SHARIF YUSUF SARKAWAS, AGE: 37 YEARS, OCC: BUSINESS, R/O: PLOT NO.22, 4TH CROSS, AMAN NAGAR, NEW GANDHI NAGAR, BELAGAVI, REP. BY HIS GPA HOLDER-590 006. 2. MR. GULAM MUSTAFA MOHIDDINKHAN PATHAN, AGE: 74 YEARS, OCC: RETIRED, R/O: M.K. MANZIL, SUBASH NAGAR, BELAGAVI. 3. MR. RIZWAHAN ZAHRDOODIN PATEL, AGE: NOT KNOWN, OCC: SERVICE, R/O: NO.120, RAM NAGAR, BELAGAVI-590 001. 4. MR. IRFAN MURADALI GOKAKKAR, AGE: 40 YEARS, OCC: BUSINESS, R/O: PLOT NO.11, 1ST CROSS, VEERABHADRA NAGAR, BELAGAVI-590 001 … RESPONDENTS (BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; R2 TO R4-DISPENSED WITH) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5037 WP No. 107431 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Vitthal S.Teli., counsel for the petitioner and Sri.Shreevatsa Hegde., counsel for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the judgment dated 29.10.2024 passed by the III Additional Senior Civil Judge and C.J.M., Belagavi in Misc. Appeal No.14/2020 vide Annexure-L. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. During the pendency of the present writ petition, the petitioner contended that the first respondent is proceeding with the construction over the suit land. Taking note of the said contention, this Court directed the first respondent to file an affidavit. Accordingly, the first respondent has filed an affidavit - 3 - NC: 2025:KHC-D:5037 WP No. 107431 of 2024 on 07.03.2025. A perusal of the same would reflect that the first respondent has undertaken that he will proceed with further construction and the same shall be subject to the outcome of the suit. He has also sworn to a declaration of fact that he shall not claim any equity in respect of the construction. The affidavit filed by the first respondent is placed on record. 5. Because of filing of the affidavit, counsel appearing for the respective parties submits that the petition may be disposed of with a direction to the Trial Court to dispose of the suit as expeditiously as possible within an outer limit of six months from the receipt of the certified copy of this order. 6. The oral submission made by counsel for the respective parties is placed on record. 7. The order passed by the Appellate Court in Misc. Appeal No.14/2020 is confirmed. The Writ Petition is disposed of with a direction to the Trial Court to dispose of the suit as expeditiously as possible within an outer limit of six months from the receipt of the certified copy of this order. - 4 - NC: 2025:KHC-D:5037 WP No. 107431 of 2024 Needless to observe that, while disposing of the suit, the Trial Court should not be influenced by the observations/ findings given by the Appellate Court on an interim application. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 2 SL NO.: 34