- 1 - HC-KAR NC: 2025:KHC:45285 WP No. 27508 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 27508 OF 2025 (GM-CPC) BETWEEN: 1. MOHAMMED SHAMEEM AGED ABOUT 64 YEARS S/O. ASADHULLA SAHIB C/O. ANIS BUILDING, 1ST FLOOR, FLAT NO.2, NEAR MUNAWAR MASJID, POST PERMANOOR KALLAPU MANGALORE - 575 017. …PETITIONER (BY SRI. RAJENDRA M.S., ADVOCATE) AND: 1. MOHAMMED HANIF AGED ABOUT 66 YEARS S/O. ASADHULLA SAHIB 48/6, GOVINDA AGRAHARAM, HOSUR VILLAGE AND TALUK KRISHNAGIRI DISTRICT TAMILNADU - 635 109. 2. AKBAR PASHA AGED ABOUT 51 YEARS S/O. ASADHULLA SAHIB R/AT A K KAMAL, K.K. INFRASTRUCTURE PRIVATE LTD., NO.23-1 IN FRONT OF VITA SCHOOL, 17TH CROSS, MRCR ROAD, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45285 WP No. 27508 of 2025 VIJAYA NAGARA BANGALORE. 3. AYAZ AGED ABOUT 46 YEARS S/O. GAPOOR, 4. ALTHAF AGED ABOUT 44 YEARS S/O. GAPOOR, 5. SHAMIRA AGED ABOUT 45 YEARS S/O. GAPOOR, 6. SHAHIN AGED ABOUT 37 YEARS S/O. GAPOOR, 7. ASIF AGED ABOUT 38 YEARS S/O. GAPOOR, RESPONDENT 3 TO 7 ARE R/O PADIL POST JALLIGUDDE, MANGALORE. 8. ANSIRA AGED ABOUT 74 YEARS S/O. ASADHULLA SAHEB KALATHUR POST, SHRIVA KAUP TALUK UDUPI DITRICT. 9. SHER BANU AGED ABOUT 59 YEARS S/O. MAHAMMED SHARIF SAMEER MANZIL PANDE HOUSE UDYAVARA KAUP TALUK, UDUPI DISTRICT. - 3 - HC-KAR NC: 2025:KHC:45285 WP No. 27508 of 2025 10. NORUNNISA D/O. ASADHULLA SAHEB AGED ABOUT 58 YEARS KALATHUR POST, SHIRVA KAUP TALUK, UDUPI TALUK. 11. ZAJIDA AGED ABOUT 72 YEARS W/O. K. ASADULLA SAHIB, 12. SHAKIL AGED ABOUT 34 YEARS S/O. ASADULLA SAHEB, 13. SHAHID AGED ABOUT 32 YEARS S/O. ASADULLA SAHEB, RESPONDENTS NO.11 TO 13 R/O. PUNCHALAKADU, KALATHUR SHIRVA, KAUP TALUK, UDUPI DISTRICT. 14. MAIMUNA AGED ABOUT 69 YEARS S/O. MOHAMMED ZAHOOR, 15. M. SHANUWAZA AGED ABOUT 32 YEARS S/O. MOHAMMED ZAHOOR, 16. SHAINAZ AGED ABOUT 30 YEARS D/O. MOHAMMED ZAHOOL RESPONDENTS NO.14 TO 16 R/O. SAMEER MANZIL UDYAVARA KAUP TALUK, UDUPI DISTRICT. …RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:45285 WP No. 27508 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 21.12.2023 PASSED ON I.A.NO.2 IN O.S.NO. 1606/2023 ON THE FILE OF CIVIL JUDGE AND JMFC, UDUPI VIDE ANNX-A AND DIRECT THE RESPONDENTS NOT TO ALIENATE OR CREATE ANY THIRD PARTY RIGHTS OVER THE SUIT SCHEDULE-A PROPERTY IN O.S.NO. 1606/2023 AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri M.S. Rajendra, learned counsel for the petitioner. 2. The petitioner has preferred this writ petition challenging the order dated 21.12.2023 in O.S.No.1606/2023, wherein the trial Court issued notice on I.A.No.II. 3. Learned counsel for the petitioner submits that the pleadings are complete and a request was made before the trial Court to consider I.A.No.II filed under Order XXXIX Rule 1 and 2, however, no order is passed. Learned counsel further submits that the suit is for partition and the injunction order restraining the defendants from alienating or creating charge on the scheduled properties is not considered, the suit would - 5 - HC-KAR NC: 2025:KHC:45285 WP No. 27508 of 2025 frustrate. Hence, learned counsel submits to issue necessary directions to the trial Court for disposal of I.A.No.II. 4. Having regard to the limited submission made, the notice to the respondents is dispensed with. The learned II Addl. Civil Judge and JMFC, Udupi, is directed to dispose of I.A.No.II in O.S.No.1606/2023 within a period of four weeks from the date of production of copy of this order. 5. Accordingly, the writ petition is disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 10