- 1 - HC-KAR NC: 2026:KHC:13394 WP No. 2015 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2015 OF 2026 (GM-CPC) BETWEEN: 1. MR. FAROOQ AHMED S/O.LATE MOHAMMED INAYATHULLA AGED ABOUT 60 YEARS R/AT NO.18/1, BABA LANE NIZAMUDDIN MOHALLA, MYSORE ROAD BANGALORE- 560 002. 2. MR. RAFEEQ AHMED S/O LATE MOHAMMED INAYATHULLA AGED ABOUT 58 YEARS R/AT NO.11, SLAUGHTER HOUSE ROAD, ‘B’ STREET SHIVAJINAGAR, BANGALORE - 560 051. 3. MR. KHALID AHMED S/O.LATE MOHAMMED INAYATHULLA AGED ABOUT 55 YEARS R/AT NO.119/32, ANJANEYA TEMPLE STREET CROSS Y.G. PALYA, BANGALORE -560 047. 4. MR. SHAKEEL AHMED S/O.LATE MOHAMMED INAYATHULLA AGED ABOUT 52 YEARS R/AT NO.11, SLAUGHTER HOUSE ROAD ’B’ STREET, SHIVAJINAGAR BANGALORE - 560 051. 5. MRS. SAFOORA TAHSEEN W/O MR. KATUBUDDIN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13394 WP No. 2015 of 2026 D/O.LATE MOHAMMED INAYATHULLA AGED 51 YEARS R/AT NO.119/32, BEHIND PHILOMENA HOSPITAL ANJANEYA TEMPLE STREET CROSS 6TH CROSS, YELAGUNDAPALYAM OPP. XAVIER LAYOUT, BANGALORE-47. 6. MRS. AHMEDI BANU D/O.LATE MOHAMMED INAYATHAULLA AGED ABOUT 50 YEARS R/AT NO.11, SLAUGHTER HOUSE ROAD ’B’ STREET, SHIVAJINAGAR BANGALORE - 560 051. THE PETITIONERS ARE REP. BY GPA HOLDER MRS. SAFOORA TAHSEEN W/O MR. KATUBUDDIN D/O.LATE MOHAMMED INAYATHULLA AGED 51 YEARS R/AT NO. 119/32, BEHIND PHILOMENA HOSPITAL ANJANEYA TEMPLE STREET CROSS 6TH CROSS, YELAGUNDAPALYAM OPP. XAVIER LAYOUT BANGALORE 560 047. …PETITIONERS (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: MR. TOUFEEQ AHMED S/O EJAZ AHEMED AGED ABOUT 45 YEARS R/AT OLD NO.141/31 NEW NO.34, ANJANEYA TEMPLE STREET YELAGUNDAPALYAM, ASHOK NAGAR BENGALURU - 560047. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, - 3 - HC-KAR NC: 2026:KHC:13394 WP No. 2015 of 2026 DIRECTION ORDER OR A WRIT OF MANDAMUS TO DECIDE THE IA NO.2/2023, IN MISC. PETITION NO. 25005/2023 FILED ON 01.02.2023 BY THE PETITIONERS PENDING ON THE FILE OF 28TH ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-29) AT BANGALORE VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, seeking the following relief: “a. Issue a writ, direction, order or a writ of mandamus, to decide the IA No.2/2023 in Misc. Petition No.25005/2023 filed on 01.02.2023, by the petitioners pending on the file of 28th Addl. City Civil and Sessions Judge (CCH-29) at Bangalore, forthwith viz – Annexure-A; b. Issue a writ, direction, order or a writ of certiorari quashing the judgment and decree dated 22.03.2014 as obtained by playing fraud passed in O.S.No.26573/2013, on the file of 28th Additional City Civil and Sessions Judge at Bangalore (CCH 29), viz. Annexure-F; c. Issue a writ, direction, order or a writ of mandamus, to decide the Misc. Petition No.25005/2023, filed on 01.02.2023, by the petitioners pending on the file of the 28th Additional - 4 - HC-KAR NC: 2026:KHC:13394 WP No. 2015 of 2026 city Civil and Sessions Judge (CCH-29), forthwith, viz. Annexure-D.” 2. The respondent herein filed a suit for specific performance of contract in O.S. No. 26573/2013 before the 28th Additional City Civil Judge, Bengaluru. The original petitioner herein was placed ex parte, and the suit was decreed by judgment and decree dated 22.03.2014. 3. Thereafter, the petitioner filed a Miscellaneous Petition under Order IX Rule 13 of the Civil Procedure Code in Misc. Petition No. 25005/2023 and also filed an application under Section 151 of CPC. The Miscellaneous Petition was filed on 31.01.2023. So far, no order has been passed on the same. Therefore, the petitioners are seeking a direction to dispose of the Miscellaneous Petition as well as the application under Section 151 of CPC as expeditiously as possible. 4. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of the said Miscellaneous Petition filed under - 5 - HC-KAR NC: 2026:KHC:13394 WP No. 2015 of 2026 Order IX Rule 13 of CPC as expeditiously as possible, and in any event not later than six months from the date of receipt of a certified copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 59