- 1 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.3217 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.3215 OF 2025 (CPC) MISCELLANEOUS FIRST APPEAL NO.3225 OF 2025 (CPC) MISCELLANEOUS FIRST APPEAL NO.3250 OF 2025 (CPC) IN MFA NO.3217/2025: BETWEEN: MR. LOHIT S.P. S/O S.B. PLANNGESH, AGED ABOUT 41 YEARS, NO.2/19, ORCHARD VIEW, BELLARY ROAD, SADASHIVANAGAR, BANGALORE – 560080. …APPELLANT (BY SRI DHANUSH MENON, ADVOCATE FOR SRI MADAN K.S., ADVOCATE) AND: 1. DR. ABDUL KHADER KHAN S/O LATE SHERE ALI KHAN, AGED ABOUT 35 YEARS, NO.8, RITE CALLISTO APARTMENT, FLAT NO.401, 4TH FLOOR, 6TH CROSS, GANESHA BLOCK, R.T. NAGAR POST, BANGALORE – 560032. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER 2. M/S. ZIYU HOMES PVT. LTD., AYUB KHAN BUILDING, NO.124/1, 3RD DIVINE BUILDING, BENGALURU NORTH, KALYANAGAR, BENGALURU – 560043, FOUNDER AND CEO SRI AHMED ALI BAIG, MAJOR. …RESPONDENTS (BY SRI BALAKRISHNA V., ADVOCATE FOR R1; V/O DATED 25.03.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF CPC., AGAINST THE ORDER DATED 06.11.2024 PASSED ON I.A.NO.I AND II IN O.S.NO.4166/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 12), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND REJECTING THE I.A.NO.2 FILED UNDER ORDER XXXIX RULE 4 READ WITH SECTION 151 OF CPC. IN MFA NO.3215/2025: BETWEEN: MR. LOHIT S.P. S/O S.B. PANNGESH, AGED ABOUT 41 YEARS, NO.2/19, ORCHARD VIEW, BELLARY ROAD, SADASHIV NAGAR, BANGALORE – 560080. ...APPELLANT (BY SRI DHANUSH MENON, ADVOCATE FOR SRI MADAN K.S., ADVOCATE) AND: 1. SMT. SANIYA KHANUM D/O VAZEER KHAN, AGED ABOUT 29 YEARS, NO.8, RITE CALLISTO APARTMENT, FLAT NO.402, 4TH FLOOR, 6TH CROSS, GANESHA BLOCK, - 3 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER R.T. NAGAR POST, BANGALORE – 560032. 2. M/S. ZIYU HOMES PVT. LTD., AYUB KHAN BUILDING, NO.124/1, 3RD DIVINE BUILDING, BENGALURU NORTH, KALYANAGAR, BENGALURU-560043. REPRESENTED BY ITS CEO, SRI AHMED ALI BAIG, MAJOR. ...RESPONDENTS (BY SRI BALAKRISHNA V., ADVOCATE FOR R1; V/O DATED 25.03.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 06.11.2024 PASSED ON I.ANO.1 AND 2 IN O.S.NO.4167/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-12), ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, REJECTING I.A. NO.2 FILED U/O.39 RULE 4 R/W SECTION 151 OF CPC. IN MFA NO.3225/2025 BETWEEN: MR. LOHIT S.P. S/O S.B. PANNGESH, AGED ABOUT 41 YEARS, R/AT NO.2/19, ORCHARD VIEW, BELLARY ROAD, SADASHIVANAGAR, BANGALORE – 560080. ...APPELLANT (BY SRI DHANUSH MENON, ADVOCATE FOR SRI MADAN K.S., ADVOCATE) AND: 1. MR. NOOR PASHA S/O SHAIK AHMED S - 4 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER AGED ABOUT 77 YEARS, R/AT NO.8, RITE CALLISTO APARTMENT, NO.202, SECOND FLOOR 6TH CROSS, GANESHA BLOCK, R.T. NAGAR POST, BANGALORE – 560032. 2. SRI AHMED ALI BAIG FATHER NAME NOT KNOWN, NO.415, JANNAT MANZIL, 4TH ‘A’ MAIN ROAD, HBR LAYOUT, 4TH BLOCK, BENGALURU – 560043. ...RESPONDENTS (BY SRI BALAKRISHNA V., ADVOCATE FOR R1; V/O DATED 25.03.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 06.11.2024 PASSED ON I.A.NO.1 AND 2 IN O.S.NO.3958/2024 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-12), ALLOWING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC, REJECTING I.A.NO.2 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. IN MFA NO.3250/2025: BETWEEN: MR. LOHIT S.P. S/O. S.B. PANNGESH, AEGD ABOUT 41 YEARS, NO.2/19, ORCHARD VIEW, BELLARY ROAD, SADASHIV NAGAR, BANGALORE – 560080. ...APPELLANT (BY SRI DHANUSH MENON, ADVOCATE FOR SRI MADAN K.S., ADVOCATE) - 5 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER AND: 1. SRI SYED IBRAHIM S/O. SYED YOUSUF, AGED ABOUT 58 YEARS, NO.8, RITE CALLISTO APARTMENT, NO.201, SECOND FLOOR, 6TH CROSS GANESHA BLOCK, R.T. NAGAR POST, BANGALORE – 560032. 2. M/S. ZIYU HOMES PVT LTD, AYUB KHAN BUILDING NO.124/1, 3RD DIVINE BUILDING, BENGALURU NORTH, KALYANAGAR, BENGALURU - 560043. REPRESENTED BY ITS CEO SRI. AHMED ALI BAIG, MAJOR. ...RESPONDENTS (BY SRI BALAKRISHNA V., ADVOCATE FOR R1; V/O DATED 25.03.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 104 READ WITH ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 06.11.2024 PASSED ON I.A.NOS.1 AND 2 IN O.S.NO.4170/2024 ON THE FILE OF XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-12, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC AND REJECTING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT These Miscellaneous First Appeals are preferred by defendant No.2 challenging the order dated 06.11.2024 passed on I.A.Nos.1 and 2 in O.S.Nos.4166/2024, 4167/2024, 3958/2024, and 4170/2024 on the file of the XVI Additional City Civil and Sessions Judge, Bengaluru (CCH-12) (‘the trial Court’ for short), whereby the Trial Court allowed the application filed by the plaintiff and rejected the application filed by defendant No.2. 2. The plaintiff in the respective suit claim to be the tenants in possession of the suit schedule properties under agreements executed by defendant No.1. On the basis of such possession, the plaintiffs have instituted suits seeking permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit schedule properties. - 7 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER 3. Defendant No.2 (the appellant herein) disputes the tenancy set up by the plaintiffs and contends that defendant No.1 had no authority to induct the plaintiffs as tenants. Defendant No.2 has also filed counterclaims in the said suits seeking recovery of possession and damages. 4. Pending the suits, the plaintiffs filed applications under order XXXIX Rules 1 and 2 of CPC seeking protection against dispossession except by due process of law and defendant No.2 filed application seeking vacation of the interim order. 5. The Trial Court, upon consideration of the material on record, allowed the applications filed by the plaintiffs and restrained the defendants from dispossessing the plaintiffs from the suit schedule properties except by due process of law. 6. Heard the learned counsel for the appellant. - 8 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER 7. Learned counsel for the appellant contends that the plaintiffs have failed to establish lawful possession as tenants. Further, that defendant No.1 had no authority to create any lease in favour of the plaintiffs. It is submitted that the Trial Court has mechanically granted injunction without examining the validity of the alleged tenancy and the impugned orders have the effect of protecting unauthorized occupation. 8. It is not in dispute that the plaintiffs claim possession of the suit schedule properties pursuant to the agreements said to have been executed by defendant No.1. The nature and validity of such agreements, as well as the authority of defendant No.1 to induct the plaintiffs are matters which required adjudication during trial. The Trial Court, on appreciation of the material placed on record, granted limited injunction restraining dispossession except by due process of law. It is also relevant to note that defendant No.2 has already filed counter claims seeking recovery of possession and damages. Thus, the - 9 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER rights of the parties are to be adjudicated in the pending suits. 9. Further, the impugned orders were passed in the year 2024 and have been in operation since then. No material is placed before this Court to demonstrate that orders suffers from perversity, arbitrariness or illegality warranting interference by this Court. Accordingly, this Court pass the following: ORDER i. The Miscellaneous First Appeals are disposed of. ii. The impugned order dated 06.11.2024 passed on I.A.Nos.1 and 2 in O.S.Nos.4166/2024, 4167/2024, 3958/2024, and 4170/202 on the file of the XVI Additional City Civil and Sessions Judge, Bengaluru (CCH-12) stands confirmed. - 10 - HC-KAR NC: 2026:KHC:22233 MFA No. 3217 of 2025 C/W MFA No. 3215 of 2025 MFA No. 3225 of 2025 AND 1 OTHER iii. The Trial Court to dispose of the suits as expeditiously as possible. iv. It is made clear that any observations made by this Court or by the Trial Court while considering the interlocutory applications shall not influence the merits of the suits, which shall be independently adjudicated by the Trial Court. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 33