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2026 DAILYLAW 28312 (KAR)

NANJAPPA C V v. MOHAMMED HUSSAIN

WP/12490/2026 · 2026-07-06

Lalitha Kanneganti

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33774 WP No. 12490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12490 OF 2026 (GM-CPC) BETWEEN: NANJAPPA C V S/O LATE VEERABHADRACHAR AGED ABOUT 54 YEARS R/AT RAJARAJESHWARI NILAYA AGRAHARA ROAD - 571 313 CHAMARAJANAGARA TOWN …PETITIONER (BY SRI. ABUBACKER SHAFI, ADVOCATE) AND: 1. MOHAMMED HUSSAIN S/O. SABU SAHEB WARD NO. 13, K.P. MOHALLA - 571 313 CHAMARAJANAGARA TOWN 2. ANAND BABU MANOHARAN S/O MANOHARAN AGED ABOUT 40 YEARS R/O NO. 13/32, KAVETTY LAYOUT SOWRIPALAYAM COIMBATORE SOUTH SOWRIPALAYAM COIMBATORE - 641 028 TAMILNADU 3. LO GANATHAN. G. S/O GANESH AGED ABOUT 40 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33774 WP No. 12490 of 2026 R/O 5/246-2, FOREST ROAD, INDRANAGAR PULLAPPANAICKEN PALAYAM ERODE TAMIL NADU - 638 506 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASHING THE ENTIRE PROCEEDINGS IN OS NO. 118/2025 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA AND THE ENTIRE ORDER SHEET IS AT ANNX-A TO THE INSTANT WRIT PETITION. ii) HOLD THAT THE SUBJECT DISPUTE IN OS NO. 118/2025 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA IS A COMMERCIAL DISPUTE WITHIN THE MEANING OF SECTION 2(1)(c) OF THE COMMERCIAL COURTS ACT, 2015 AND AS AMENDED IN 2018. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking to quash the entire proceedings in O.S.No.118/2025 pending on the file of the Principal Civil Judge and JMFC, Chamarajanagara. 2. It is the case of the petitioner that the dispute between the parties is a commercial dispute and that the Principal Civil Judge and JMFC, Chamarajanagara, has no jurisdiction to entertain the suit or grant an order of injunction. Hence, the petitioner is before this Court. - 3 - HC-KAR NC: 2026:KHC:33774 WP No. 12490 of 2026 3. It is submitted that the petitioner has already filed a petition under Order VII Rule 11 (a) and (d) of the CPC, which came to be rejected. Against the said order, the Civil Revision Petition (for short 'CRP') is pending before the Court. 4. The issue whether the Trial Court has jurisdiction to entertain the suit or not will be considered and decided in the pending CRP. As far as the present writ petition is concerned, the petitioner cannot come before the Court. But the petitioner avail the remedies available to him in accordance with law. 5. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail appropriate remedy in accordance with law. ii. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 12