- 1 - HC-KAR NC: 2025:KHC:31749 WP No. 15780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15780 OF 2025 (GM-CPC) BETWEEN: 1. MR SYED AHMED S/O MR. SYED BADRUDDIN, AGED ABOUT 83 YEARS 2. MRS. NOORJAHAN W/O MR. SYED AHMED, AGED 81 YEARS, 3. MR. SYED FAROOQ AHMED S/O MR. SYED AHMED, AGED ABOUT 39 YEARS, ALL RESIDING AT NO.427, 3RD CROSS, 5TH MAIN, 5TH BLOCK, 1ST STAGE, HBR LAYOUT, BENGALURU - 43. …PETITIONERS (BY SRI. SYED IMRAN, ADVOCATE) AND: 1. MR. MUJEBUR REHAMAN S/O MR. SYED AHAMED, AGED ABOUT 50 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31749 WP No. 15780 of 2025 RESIDING AT BEHIND SAI BABA TEMPLE, MUNICIPAL LAYOUT, 2ND CROSS, M.G. ROAD, CHIKKABALLAPURA - 562 101. 2. MRS. SYEDA SHAHAR BANU D/O MR. SYED AHMED, AGED ABOUT 43 YEARS, ALL RESIDING AT NO.427, 3RD CROSS, 5TH MAIN, 5TH BLOCK, IST STAGE, HBR LAYOUT, BENGALURU - 43. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE HONBLE SENIOR CIVIL JUDGE AND JMFC NELAMAGALA TO DISPOSE OF THE INTERLOCUTORY APPLICATION I.E., IA NO. 3 AT ANNEXURE-B FILED UNDER ORDER VII RULES 11 (A) AND (D) OF CODE OF CIVIL PROCEDURE IN OS NO. 453/2024 WITHIN A REASONABLE PERIOD OF ONE MONTH FROM THE DATE OF THE ORDER OF THIS HON BLE COURT OR AS PER THE TIME TO BE FIXED AT THE DISCRETION OF THIS HON'BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31749 WP No. 15780 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court seeking the following prayers: "a. Issue Writ of Mandamus directing the Hon'ble Senior Civil Judge and JMFC Nelamangala to dispose of the Interlocutory Application i.e., IA No.3 at Annexure-B filed under Order VII Rules 11(a) and (d) of Code of Civil Procedure in OS No.453/2024 within a reasonable period of one month from the date of the order of this Hon'ble Court or as per the time to be fixed at the discretion of this Hon'ble Court and b. To pass such order/s as this Hon'ble Court deems fits in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Shri Syed Imran, learned counsel appearing for the petitioners. 3. The petitioners are the defendants. The plaintiff institutes a suit in O.S.No.453/2024 for partition. In the said suit, the defendants file application seeking rejection of the plaint under Order VII Rule 11 (a) and (d) of the Code of Civil Procedure, 1908 ('the CPC' for short). The defendants are - 4 - HC-KAR NC: 2025:KHC:31749 WP No. 15780 of 2025 before this court on the score that the application is pending since one year and no order is passed. 4. In the light of the pendency of the application so filed under Order VII Rule 11 (a) and (d) of the CPC, for a period of *six months, I deem it appropriate to direct the concerned court to pass orders on the application of I.A.No.3, within an outer limit of eight weeks from the date of receipt of the copy of this order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 88 CT: BHK * Corrected vide chamber order dated 09.09.2025