- - HC-KAR NC: 2026:KHC:9045 WP No. 741 of 2026 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.741 OF 2026 (GM-CPC) BETWEEN: MR SYED ASIF SON OF SYED AMEER JAN, AGED ABOUT 43 YEARS, DOING BUSINESS AT AHFAQ ENTERPRISES AT SHOP NO.3, BASITH COMPLEX, 17TH CROSS, A.P.J.ABDUL KALAM MAIN ROAD, GOVINDAPURA, ARABIC COLLEGE POST, BENGALURU-560 045. …PETITIONER (BY SRI. JANARDHANA G, ADVOCATE) AND: 1. MRS FATHIMUNNISA W/O LATE ABDUL BASITH, AGED ABOUT 54 YEARS, R/AT NO.E-534/2, 17TH CROSS, GOVINDAPURA MAIN ROAD, GOVINDAPURA, BENGALURU-560 045. 2. MISS. NOOR AYESHA, D/O LATE ABDUL BASITH, AGED ABOUT 24 YEARS, R/AT NO.E-534/2, 17TH CROSS, GOVINDAPURA MAIN ROAD, GOVINDAPURA, BENGALURU-560 045. 3. MR.ABDUL KAREEM S/O LATE ABDUL BASITH, AGED ABOUT 22 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - - HC-KAR NC: 2026:KHC:9045 WP No. 741 of 2026 2 R/AT NO.E-534/2, 17TH CROSS, GOVINDAPURA MAIN ROAD, GOVINDAPURA, BENGALURU-560 045. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.10.2025 PASSED BY THE XV ADDL. JUDGE COURT OF SMALL CAUSES AND 23RD ACJM, BANGALORE REJECTING THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 11 OF CPC, IN SC NO. 15167/2023 AND CONSEQUENTLY ALLOW THE SAME VIDE ANNX-G. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue a writ of certiorari quashing the order dated 09.10.2025 passed by the XV Addl. Judge, Court of Small Causes and 23rd ACJM, Bangalore, rejecting the application filed by the petitioner under Section 11 of CPC in S.C.No.15167/202 and consequently allow the same, vide Annexure – G; ii) Grant any other writ, order or direction as this Hon’ble Court deems fit to grant to the petitioner in the circumstances of the case.” 2. A perusal of the material on record will indicate that the application for dismissal of the suit filed by the petitioner was rejected by the Trial Court, which is impugned in the present - - HC-KAR NC: 2026:KHC:9045 WP No. 741 of 2026 3 petition and it appears therefrom that if the present petition is allowed, the same would result in disposal / closure of the suit and in the light of the provisions contained under Section 115 of CPC, the present petition is not maintainable. Accordingly, the petition is hereby disposed of reserving liberty in favour of the petitioner to file an appropriate Civil Revision Petition (CRP). 3. If such an appeal is filed by the petitioner within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. 4. Registry is directed to return back the papers / documents to the learned counsel for the petitioner immediately without any delay. 5. Accordingly, the writ petition is disposed of for statistical purpose. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 22