- 1 - HC-KAR NC: 2026:KHC:33158 WP No. 18928 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18928 OF 2026 (GM-CPC) BETWEEN: MRS. SAFIYA W/O LATE K. DAWOOD, DIO LATE SABJAN SAHEB. AGED ABOUT 72 YEARS. R/AT HAWABI MANZIL, MARNAMIKATTE. MANGALURU TALUK. DAKSHINA KANNADA DISTRICT-575 002 …PETITIONER (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. MR. K. SHABIR S/O K. BABA SAHEB AGED ABOUT 72 YEARS 2. MR. MOHAMMED SABEE S/O K. BABA SAHEB. AGED ABOUT 20 YEARS RESPONDENT NO.1 & 2 ARE R/AT D. NO.2-16/28. SHABREEN COTTAGE. BEHIND BIKARNAKATTE MASJID BIKARNAKATTE, PADAVU KULSHEKARA POST MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 005 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33158 WP No. 18928 of 2026 3. MRS. SHAMEEM FAYAZ. W/O MOHAMMED FAYAZ, D/O LATE K. DAWOOD, AGED ABOUT 52 YEARS, R/AT FLAT NO.603. P.B. RESIDENCY, E.S.I. ROAD, BENDORWELL, MANGALURU TALUK, HAWABI MANZIL, MARNAMIKATTE. MANGALURU DAKSHINA KANNADA DISTRICT-575 002 4. MRS. SHAHIN SIRAJ SAYYED W/O SIRAJ SAYYED, D/O LATE K. DAWOOD, AGED ABOUT 47 YEARS. R/AT NO.201, EJAZ MAHAL NAYANAGAR, NEAR CENTURY PARK. MIRA ROAD, EAST, THANE. MAHARASTRA STATE 5. MRS. SUMAYYA EJAZ. W/O EJAZ AHMED. D/O LATE K. DAWOOD, AGED ABOUT 45 YEARS. R/AT HAWABI MANZIL MARNAMIKATTE MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 002 6. MRS. AYESHA ZAKEER W/O MOHAMMED ZAKEER AGED ABOUT 44 YEARS, R/AT FLAT NO.301, BLOCK NO.C. 3RD FLOOR, HISGRACE APARTMENTS, HAT HILL, MARTINE PAIS ROAD, LALBHAG, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 006 7. MRS. SAMIYA SHABBIR, W/O SHABBIR MOHAMMED, D/O LATE K. DAWOOD, - 3 - HC-KAR NC: 2026:KHC:33158 WP No. 18928 of 2026 AGED ABOUT 41 YEARS, R/AT HAMEO TITANIA, 4TH FLOOR, OPP R.L. HALL, PANDESHWARA, MANGALURU TALUK 8. MR. SHERAJ AHMED, S/O ASULA SHABBIR, AGED ABOUT 29 YEARS, R/AT HAWABI MANZIL, MARNAMIKATTE, MANGALURU TALUK, DAKSHINA KANNADA DIST.-575 002 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE II ADDL SENIOR CIVIL JUDGE AND CJM MANGALURU TO DISPOSE OF THE APPLICATION DTD 31.10.2025 IN IA NO. II FILED BY THE PLAINTIFFS UNDER ORDER XXXIX RULES 1 AND 2 R/W SECTION 151 OF CPC VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking a writ of mandamus directing the II Additional Senior Civil Judge and CJM, Mangaluru, to dispose of the application dated 31.10.2025 in I.A.No.II, filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC. - 4 - HC-KAR NC: 2026:KHC:33158 WP No. 18928 of 2026 2. When this matter came up before this Court on 24.06.2026, after hearing the learned counsel for the petitioner, this Court passed the following order: "The present petition is filed seeking a direction to the II Additional Senior Civil Judge and CJM, Mangaluru to dispose of the application dated 31.10.2025 in I.A.No.II filed by the petitioner under Order XXXIX Rules 1 and 2 of CPC. It is the case of the petitioner that the I.A.No.II was filed seeking interim injunction and the Court has granted injunction on 10.11.2025. Thereafter, all the defendants have entered appearance and filed respective written statements and objections by 24.11.2025 and thereafter, on one pretext or the other, the Court without passing any orders on I.A.No.II, adjourning the matter. The learned counsel has drawn the attention of the Court to the order sheet, wherein the matter came up on 08.01.2026, 21.01.2026, 30.01.2026, 09.02.2026, 12.03.2026 16.04.2026 and 11.06.2026. On every occasion the Court has extended the interim order and has failed to consider the objections to the I.A.No.II and it is submitted that when the Court is not deciding the I.A.No.II, the Court has to give reasons, but from the last several occasions, without giving any reason, the Court is adjourning the matter by giving dates. The Registrar (Judicial) is directed to call for a report from the concerned, as to why I.A.No.II is kept pending from December, 2025 even after the defendants filed their objections and repeatedly appearing on the said dates. List this matter on 02.07.2026 in List No.1." 3. Pursuant to the said order, the report is placed before this Court. The report of the learned Judge states that, in view of several directions from the High Court, the learned Judge is - 5 - HC-KAR NC: 2026:KHC:33158 WP No. 18928 of 2026 giving priority to the old matters. It is stated that, due to inadvertence, the reasons were not stated in the order, and I.A.Nos.2 and 3 will be disposed of on 01.07.2026. 4. Learned counsel for the petitioner also does not dispute that the I.A. is disposed of. In that view of the matter, nothing survives for consideration in this petition. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is disposed of. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 61