- 1 - HC-KAR NC: 2026:KHC:24057 WP No. 10119 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10119 OF 2026 (GM-CPC) BETWEEN: SRI. SHEIK MOHAMMED ARSHAD, S/O MUDAYUR SHEK HASSAN, AGED ABOUT 38 YEARS, R/AT.D NO.7-204, NADEEM MANZIL, BETKERI, PRANTHYA, MUDABIDRI, MUDABIDRI - 574 227. …PETITIONER (BY SRI. SATHISHA D.J., ADVOCATE) AND: 1. ABDUL LATHEEF, S/O ABDUL KHADER, AGED ABOUT 56 YEARS, R/AT. FLAT NO.403, 4-TH FLOOR, VISHWAS CARL BENZ APARTMENT, NANTHOOR KADRI, KARAVALI LANE, MANGALORE - 575 004. 2. M/S. VISHWAS BAWA BUILDERS, A FIRM BY ITS PARTNER, ABDUL RAUF PUTHIGE, VISHWAS CROWN, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24057 WP No. 10119 of 2026 NEAR COCHIN BAKERY OPP, YENEPOYA NURSING HOME, KANKANADY, MANGALORE - 575 002. 3. ABDUL RAUF PUTHIGE, S/O LATE HAJI. E.M. SHAFI, ADULT PARTNER OF VISHWASBAWA BUILDERS, LORDS, BEHIND HEBICH TECHNICAL -INSTITUTE, MISSION COMPOUND, BALMATTA, KANKANADY, MANGALORE - 575 002. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO 1ST ADDL. SENIOR CIVIL JUDGE AND CJM, MANGALURU, AS PER ANNEXURE-A TO DISPOSE THE APPEAL IN MA NO.37/2024 AS EARLIEST POSSIBLE AND WITHIN TIME FRAME 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 In this writ petition, petitioner has sought for the following reliefs: "i) Issue a writ of mandamus, direction or directing to 1st Additional Senior Civil Judge and CJM., Mangaluru, as per - 3 - HC-KAR NC: 2026:KHC:24057 WP No. 10119 of 2026 Annexure-A, to dispose the appeal in MA No.37/2024 as earliest possible and within time frame, in the interest of justice and equity; ii) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The petitioner/plaintiff has filed a suit for recovery of possession in O.S.No.609/2023 before the III Addl. Civil Judge and JMFC at Mangaluru, D.K (for short “Trial Court”). The same came to be decreed on 20.09.2023 by placing defendants as ex-parte. The defendant No.3 has filed miscellaneous petition Misc.No.8/2024 under Order IX Rule 13 and Section 151 of CPC for setting aside the judgment and decree passed in O.S.No.609/2023 dated 20.09.2023. The same came to be dismissed on 07.08.2024. In the meantime, the petitioner has also filed Execution petition in Ex.C.No.29/2024. On dismissal of Misc.No.8/2024, the - 4 - HC-KAR NC: 2026:KHC:24057 WP No. 10119 of 2026 defendant No.3 has filed M.A.No.37/2024 before the I Addl. Senior Civil Judge & CJM., Mangaluru. Even after two years, the proceedings has not been concluded. Since learned counsel for the petitioner has submitted that the respondent/defendant has obtained order of status-quo and dragging the matter for one or the other reasons. Therefore, he sought for early disposal of M.A.No.37/2024. 4. In view of the above, without expressing any opinion on the merits of case, the I Addl. Senior Civil Judge & CJM., Mangaluru, is directed to dispose of M.A.No.37/2024 in accordance with law, as expeditiously as possible, not later than ten months from the date of receipt of the copy of this order. Accordingly, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 16