Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15932 WP No. 8539 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8539 OF 2026 (GM-CPC) BETWEEN:
1. SMT. JABEEN TAJ W/O LATE SYED MUNEERUDDIN AGED ABOUT 55 YEARS RESIDING AT NO.29/81 BELLAHALLI YELAHANKA BANGALORE NORTH 560064. 2. SRI. SYED NASEERUDDIN S/O LATE SYED MUNEERUDDIN AGED ABOUT 33 YEARS RESIDING AT NO.29/81 BELLAHALLI YELAHANKA BANGALORE NORTH 560064. 3. SRI. SYED SAMEERUDDIN LATE SYED MUNEERUDDIN AGED ABOUT 28 YEARS RESIDING AT NO.29/81 BELLAHALLI YELAHANKA BANGALORE NORTH 560064. …PETITIONERS (BY SRI. D. L. JAGADEESH, SENIOR ADVOCATE FOR SRI. KISHORKUMAR R S., ADVOCATE) AND:
1. SRI. SYED SHARFUDDIN S/O LATE SYED MUSTAFA SAB AGED ABOUT 78 YEARS, RESIDING AT NO.30/82,
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 2. SMT. HASEENA BEGUM W/O LATE SYED SIRAJUDDIN AGED ABOUT 55 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 3. SRI. SYED ZAKEER S/O LATE SYED SIRAJUDDIN, AGED ABOUT 41 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 4. SMT. FIRDOUS D/O LATE SYED SIRAJUDDIN, AGED ABOUT 35 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 5. SMT. NAJAMA, D/O LATE SYED SIRAJUDDIN, AGED ABOUT 33 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 6. SRI. SYED RIYAZ, S/O LATE SYED SIRAJUDDIN, AGED ABOUT 32 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 7. SRI. SYED JAMAL, S/O LATE SYED SIRAJUDDIN,
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AGED ABOUT 30 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 8. SRI. SYED FARDEEN S/O. LATE SYED SIRAJUDDIN, AGED ABOUT 28 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 9. SMT. FAQROONISA D/O. LATE SYED SIRAJUDDIN, AGED ABOUT 30 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 10. SMT. THASLEEM W/O. LATE SYED NAZEER, AGED ABOUT 55 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 11. SMT. ASMA D/O. LATE SYED NAZEER, AGED ABOUT 30 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 12. SRI. SYED ZABIR S/O. LATE SYED NAZEER, AGED ABOUT 29 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. - 4 -
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13. SMT.
UZMA D/O. LATE SYED NAZEER, AGED ABOUT 24 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 14. SRI. FAIZAN S/O. LATE SYED NAZEER, AGED ABOUT 21 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 15. SMT. TAZAIN D/O. SYED NAZEER, AGED ABOUT 20 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 16. SMT. RIZWANA BEGUM W/O. LATE SRI. SYED RAFI, AGED ABOUT 53 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 17. SMT. UMME SALMA D/O. LATE SRI. SYED RAFI, AGED ABOUT 31 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 18. SMT. UMME SULTANA, D/O LATE SRI. SYED RAFI, AGED ABOUT 28 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA,
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BANGALORE NORTH 560064. 19. SMT. ATIYA TAJ, D/O LATE SRI. SYED RAFI, AGED ABOUT 26 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 20. SRI. SYED SHABAAZ S/O LATE SRI.SYED RAFI, AGED ABOUT 24 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 21. SRI. SYED SHABEER, S/O LATE SYED MUSTAFA SAB, AGED ABOUT 60 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 22. SRI. SYED ZAMEER, S/O LATE SYED MUSTAFA SAB, AGED ABOUT 58 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 23. SMT. SALEEMUNNISA, D/O LATE SYED MUNEERUDDIN AGED ABOUT 38 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 24. SRI. PRAMOD KUMAR GHYANCHAND, S/O. SRI GHYNCHAND JAIN, AGED ABOUT 41 YEARS,
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RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 25. SRI. SOMASHEKAR, S/O. SRI. GOPALAKRISHNAMURTHY, AGED ABOUT 68 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 26. SRI. ASHOK R. JAIN, S/O. SRI. RIKABCHAND JAIN, AGED ABOUT 48 YEARS, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 27. MR. KAMLESH KUMAR.M.
AGED ABOUT 46 YEARS, S/O. SRI. MANIKCHAND, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 28. SRI.
AKASH RANKA, AGED ABOUT 41 YEARS, S/O. LATE. MAHAVEER K. RANKA, RESIDING AT NO.30/82, BELLAHALLI YELAHANKA, BANGALORE NORTH 560064. 29. SRI P. MURLIDHARA SHASTRI, S/O SRI.P.NARAYANA SHASTRI, AGED ABOUT 49 YEARS, R/AT NO.1-1-81, ABHADPET, OPP. 2ND WARD SCHOOL, HINDUPURA, ANANTHPURAM DISTRICT, ANDHRA PRADESH 515 201. - 7 -
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30. M/S. CMR DEVELOPERS, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.3 INFANTRY ROAD, EMBASSY ICON, BANGALORE -560 001. REPRESENTED BY ITS PARTNERS. 31. SMT. MUMTAJ BEGUM W/O LATE SYED AHMED, AGED ABOUT 74 YEARS, R/AT NO. 19, MASJID BELLAHALLI, NEAR MASJID, BANGALORE NORTH, BANGALORE 560064. 32. MR. SYED ELAHI S/O LATE SYED AHMED, AGED ABOUT 46 YEARS, R/AT NO. 19, MASJID BELLAHALLI, NEAR MASJID, BANGALORE NORTH, BANGALORE 560064. 33. SMT. SHAIK KHURSHEED BEGUM W/O. NOWSHAD S, AGED ABOUT 49 YEARS, 3-3-81, MUKADIPET, ANANTAPUR, ANDHRA PRADESH, HINDUPUR 515201. 34. SMT. SHAMA BEGUM W/O ISMAIL SHARIFF, AGED ABOUT 41 YEARS, R/AT NO. 334, YELAHANKA MAIN ROAD, M.S. PALYA, CHIKKABETTAHALLI, VIDYARANYAPURA BANGALORE NORTH, BANGALORE 560097. - 8 -
HC-KAR NC: 2026:KHC:15932 WP No. 8539 of 2026
35. SRI. RAGHAVENDRA BHATT K. V.
S/O VASANTHA K M, AGED MAJOR, R/AT 37/1, KODURU MAIN ROAD, KODURU(P), HOSANAGARA(T), SHIMOGA (DIST), KARNATAKA 577418. …RESPONDENTS (BY SRI. KISHORKUMAR R S., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.02.2026 PASSED BY THE HON’BLE III ASCJ, BRD, BENGALURU IN O.S.NO.428/2026 ON I.A.NO.3/2026 WAS FILED BY THE PLAINTIFF UNDER ORDER XXXIX RULE 1 AND 2 OF C.P.C IN O.S.NO.428/2026 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioners-plaintiffs have sought the following reliefs: a) To set aside the impugned
order dated 27.02.2026 passed by the III ASCJ, Bengaluru Rural District, Bengaluru in O.S.No.428/2026 on I.A.No.3/2026 was filed by the plaintiff under order XXXIX Rule 1 and 2 of C.P.C in O.S.No.428/2026 as per "Annexure- A". b) That the defendants be restrained by permanent
order and an injunction restraining the defendants,
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their servants and/or agents from interfering or obstructing in any manner, the construction, use, occupation, possession and enjoyment of the suit, schedule property by the plaintiff, her relations, her agents and/or servants. And, c) To pass such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case, in favour of the appellant.
2. The learned Senior counsel appearing for the petitioners submits that even though the petitioners have sought the above reliefs, they will restrict their prayers only insofar as it relates to issuing direction to the Trial Court to dispose of the I.A.No.3/2026 filed by the plaintiffs under Order XXXIX Rule 1 and 2 of CPC as expeditiously as possible.
3. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.
4. The plaintiffs filed a suit in O.S.No.428/2026 before the Trial Court seeking relief of partition and separate
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possession. Along with the suit, plaintiffs also filed I.A.No.3/2026 under Order XXXIX Rule 1 and 2 of CPC and sought for granting an exparte order of temporary injunction. The Trial Court has issued notice to the defendants-respondents. Therefore, the present writ petition is filed seeking for early disposal of the said application.
5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of this writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.
6. Accordingly, the following order is passed:
ORDER a) Writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.No.3/2026 on or before 30.04.2026.
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c) Liberty is reserved to the petitioners-plaintiffs to advance the case before the Trial Court. d) Parties are directed to co-operate for early disposal of the application.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 43