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2026 DAILYLAW 16523 (KAR)

MR. ASLAM AHMED SARDAR, v. MRS. HAMEEDA BEGUM

WP/13998/2026 · 2026-04-30

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13998 OF 2026 (GM-CPC) BETWEEN: MR. ASLAM AHMED SARDAR, S/O. SARDAR AHMED, AGED ABOUT 47 YEARS, R/AT: NO. D-001, ANANDA BHAIRAVI APARTMENT, NO.236, HENNUR MAIN ROAD, KACHAKARANAHALLI, BENGALURU - 560 084. …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: 1. MRS. HAMEEDA BEGUM W/O. LATE HYDERBAIG, AGED ABOUT 82 YEARS, 2. MR. ATTAULLAH BAIG S/O. LATE HYDERBAIG, AGED ABOUT 66 YEARS, 3. MRS. WAHIDA BEGUM D/O. LATE HYDERBAIG AGED ABOUT 55 YEARS SL.NO.1 TO 3 ARE R/AT: NO.76, BENSON CROSS ROAD, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 BENSON TOWN, BENGALURU 560 046. 4. MRS. FARIDA ANSARI D/O. LATE HYDERBAIG, W/O ABDUL GHAFOOR ANSARI, AGED ABOUT 53 YEARS, R/AT: NO.19, KEMP ROAD, NEAR COLES PARK, FRAZER TOWN, BENGALURU-560 005. 5. MRS. MASOODA BEGUM D/O. LATE HYDERBAIG, W/O ARIF J.B., AGED ABOUT 47 YEARS, R/AT: NO.46, MILLERS ROAD, 2ND CROSS, BENSON TOWN, BENGALURU - 560 046. 6. MRS. MAHMOODA BAIG D/O. LATE HYDERBAIG AGED ABOUT 50 YEARS, NO.76, BENSON CROSS ROAD, BENSON TOWN, BENGALURU-560 046. 7. MRS. NAVEEDA BEGUM D/O. LATE HYDERBAIG, AGED ABOUT 52 YEARS, R/AT: NO.78, BENSON CROSS ROAD, BENSON TOWN, BENGALURU 560 046. 8. M/S. HARMAIN CONSTRUCTIONS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.3, CHIK BAZAAR ROAD, TASKER TOWN, BENGALURU-560 051. - 3 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 ALSO AT: NO.35/1, 2 SPENSER ROAD, NEXT TO MEDI LIFE HEALTH CARE CENTRE, PULKESHI NAGAR, BENGALURU - 560 005. REPRESENTED BY ITS MANAGING PARTNER, HASEEB KHAN S/O. H. MEHBOOB KHAN AGED ABOUT 33 YEARS. 9. MR. HASEEB KHAN S/O. H. MEHBOOB KHAN, AGED ABOUT 33 YEARS, MANAGING PARTNER OF M/S. HARMAIN CONSTRUCTIONS R/AT: NO.43/3, PH-001, 'HARMAIN REGALIA', DAVIS ROAD, RICHARDS TOWN, BENGALURU-560 084. 10. MRS. ISRA TARANNUR, W/O. MR. HASEEF KHAN, AGED ABOUT 33 YEARS, R/AT: NO.43/3, PH-001, 'HARMAIN REGALIA', DAVIS ROAD, RICHARDS TOWN, BENGALURU-560 084. 11. MR. K.A. MOHAMMED ALTAF, S/O. K.B. MOHAMMED AZAM, AGED ABOUT 45 YEARS 12. MRS. V.F. AISHA SIDDIQUA, W/O. MR. K.A. MOHAMMED ALTAF, AGED ABOUT 35 YEARS, - 4 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 BOTH ARE R/AT: NO.62/1, L NO.3RD STREET, MEENAKSHI KOLI STREET CROSS, SHIVAJINAGAR, BENGALURU-560 051. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE IV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-21) MAYO HALL UNIT BENGALURU TO DISPOSE OF OS NO. 25641/2022 WITHIN A DEFINITE TIME FRAME THAT MAY BE FIXED BY THIS HON’BLE COURT 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 In this writ petition, the petitioner has sought the following reliefs: "i. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Hon'ble IV Additional City Civil and Sessions Judge (CCH-21), Mayohall unit, Bengaluru to dispose of O.S.No.25641/2022 within a definite time frame that may be fixed by this Hon'be Court(Annexure-A); ii. To grant such other reliefs as this Hon'ble Court may deem fit in the facts and circumstances of this case in the interest of justice and equity." - 5 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. Petitioner/plaintiff has filed the suit in O.S.No.25641/2022 before the IV Addl. City Civil and Sessions Judge, Bengaluru (for short ‘Trial Court’) seeking for relief of specific performance. After issuance of suit summons, the defendants have appeared and filed written statement and also filed application under Order VII Rule 11(c) and (d) read with Section 151 of CPC. So far, the Trial Court has passed no orders on the application. Therefore, the present writ petition is filed seeking for early disposal of the suit. 4. Even though the petitioner has sought for early disposal of O.S.No.25641/2022 in the prayer, learned counsel for the petitioner submits that he will not press the prayer and seek for early disposal of the application - 6 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 filed by the defendants under Order VII Rule 11(c) and (d) r/w Section 151 of CPC as expeditiously as possible. 5. Learned counsel appearing for the petitioner submits that the suit is of the year 2022 and the said application was filed on 26.10.2024. Hence, the petitioner has sought for a direction to the Trial Court to dispose of the said application within a fixed time frame. 6. 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 the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible. 7. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. - 7 - HC-KAR NC: 2026:KHC:24441 WP No. 13998 of 2026 b) The Trial Court is directed to dispose of the application filed by the defendants under Order VII Rule 11(c) and (d) r/w Section 151 of CPC, in accordance with law and as expeditiously as possible, not later than 30.06.2026 from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE BN/List No.: 1 Sl No.: 25