- 1 - HC-KAR NC: 2025:KHC:53051 WP No. 7623 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7623 OF 2022 (GM-CPC) BETWEEN: 1. M/S CASABLANCA ESTATE A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.14 KASTURBA ROAD, RICHMOND TOWN BANGALORE - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR MR. HIND SENNOUN W/O MR. MEHMOOD AYAZ. 2. MR. MAHMOOD AYAZ S/O MAZHAR PASHA AGED ABOUT 50 YEARS. BOTH RESIDENT OF R/A APARTMENT NO.803 & 804 8TH FLOOR, NO.4, PRESTIGE EXOTICA CUNNINGHAM ROAD CROSS CRESCENT ROAD BENGALURU - 560 052. …PETITIONERS (BY SRI AJESH KUMAR S, ADV.) AND: MOHAMMED MUKARRAM @ M.S. MUKARRAM S/O LATE ABDUL LATHIFF AGED ABOUT 59 YEARS R/AT HONGANOOR VILLAGE CHANNAPATTANA TALUK RAMANAGAR DISTRICT. …RESPONDENT (BY SRI ARVIND SHARMA, ADV.) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53051 WP No. 7623 of 2022 O.S.9021/2019 PENDING BEFORE THE V ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU UDER SECTION 6 OF THE SPECIFIC RELIEF ACT VIDE ANNX-H AND QUASH/SET ASIDE THE NOTICE AND ORDER DTD 15.01.2021 VIDE ANNX-G1 AND CONSEQUENTLY REJECT THE PLAINT IN VIEW OF THERE BEING NO JURISDICTION OF THE COURT BELOW TO ENTERTAIN THE SAME, OR IN THE ALTERNATIVE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendants are before this Court in this writ petition filed under Article 227 of the Constitution of India, seeking for the following reliefs:- "I. Issue a suitable writ or order or declaration to call for the records in O.S. 9021/2019 pending before the V Addl. City Civil and Sessions Judge at Bengaluru under Section 6 of the Specific Relief Act as per ANNEXURE H and quash / set aside the Notice and Order dated 15/01/2021 as per ANNEXURE G1 and consequently reject the Plaint in view of there being no jurisdiction of the Court below to entertain the same, or in the alternative, II. Issue a suitable writ or order or direction to the V Addl. City Civil and Sessions Judge, at Bengaluru in O.S 9021/2019 to decide on its jurisdiction under Section 6 of the Specific Relief Act as per ANNEXURE H, AND - 3 - HC-KAR NC: 2025:KHC:53051 WP No. 7623 of 2022 III. Pass such Orders and further Orders in the interest of Justice and Equity." 2. Learned counsel for the petitioners submits that the suit itself is not maintainable and the same is barred by law and the Trial Court ought not to have issued notice to the defendants having regard to the averments found in the plaint. 3. In the said event, Order VII Rule 11 of CPC provides for a specific remedy to the defendant. Without even availing such remedy, the defendants have rushed to this Court and therefore, this writ petition cannot be entertained. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 34