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2026 DAILYLAW 29005 (KAR)

MR. MASEEH AHMED v. AL JAMIA MOHAMADIYA EDUCATION SOCIETY, MUMBAI,

WP/7270/2026 · 2026-07-15

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7270 OF 2026 (GM-CPC) BETWEEN: 1. MR. MASEEH AHMED S/O. DASTAGEER AGED ABOUT 43 YEARS. 2. MR. IQBAL AHMED S/O MR. DASTHAGEER AGED ABOUT 39 YEARS. 3. MR. ILYAS AHMED AGED ABOUT 38 YEARS S/O. MR. DASTAGEER ALL THE ABOVE PETITIONERS NO.1,2,3 R/AT NO.208/532 NEAR SANABIL SCHOOL HOMMADEVANAHALLI, GOTTIGERE BENGALURU - 560 083. 4. HAFIZ ABDULLAH S/O LATE MOHAMMED AZEEZUDDIN AGED ABOUT 63 YEARS R/AT NO.50, 2ND CROSS BANNERUGHATTA ROAD OLD GURAPPANAPALYA BTM 1ST STAGE DHARMARAM COLLEGE BENGALURU - 560 029. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 5. MR. IKRAMUDDIN S/O LATE MOHAMMED AZEEZUDDIN AGED ABOUT 53 YEARS R/AT NO.23, 8TH MAIN 4TH CROSS, NEAR NIMHANS LAYOUT BTM 1ST STAGE, OLD GURAPPANA PALYA DHARMARAM COLLEGE BENGALURU - 560 029. 6. MRS. ANSARI BEGUM W/O LATE HABEEB UR REHAMAN AGED ABOUT 53 YEARS. 7. MR. MOHAMMED ASIFUDDIN S/O. LATE HABEEB UR REHAMAN AGED ABOUT 41 YEARS 8. MRS. SUMAYA BEGUM D/O LATE HABEEB UR REHAMAN AGED ABOUT 43 YEARS 9. MRS. SUFIYA BEGUM D/O LATE HABEEB UR REHAMAN AGED ABOUT 34 YEARS PLAINTIFFS NO. 6,7,8,9 ARE R/AT NO.197 AND 198 BANNERUGHATTA ROAD NEAR SANABIL SCHOOL HOMMADEVANAHALLI GOTTIGERE, BENGALURU - 560 083. ALL THE ABOVE PETITIONERS 2-9 ARE REPRESENTED BY THEIR G.P.A HOLDER PETITIONER NO.1 MR. MASEEH AHMED S/O MR. DASTHAGEER. …PETITIONERS (BY SRI VIVEK SUBBA REDDY, SR. COUNSEL FOR SMT. VARALAKSHMI P., ADVOCATE) - 3 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 AND: 1. AL JAMIA MOHAMADIYA EDUCATION SOCIETY MUMBAI, REPRESENTED BY ITS CHAIRMAN SI. ARSHAD MUKTHAR S/O. MOULANA MUKHTAR AHMED HADVI THANISANDRA, NARAYANAPURA CROSS R.K. HEGDE NAGAR BANGALORE - 560 077. ALSO AT: HAVING ITS HEAD OFFICE AT 6/A, HAZRAT TERRACE ANNEX SHEIK HAFIUDDIN MARK SANKLI STREET, BYCULLA MUMBAI – 400 008. 2. THE DEPUTY COMMISSIONER OF POLICE AMRUTHHALLI MAIN ROAD BYATARAYANAPURA, SECTOR B AMRUTHNAGAR, NORTH EAST DIVISION BENGALURU. 3. THE STATION HOUSE OFFICER KOTHANUR POLICE STATION HENNUR MAIN ROAD THANISANDRA, BENGALURU. …RESPONDENTS (BY SRI G.S.KANNUR, SR.COUNSEL FOR SRI B.S.JEEVAN KUMAR., ADVOCATE FOR R1; SRI SANJAY YADAV B., AGA FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.2-4 TO ACT UPON THE ORDERS PASSED BY THE HON’BLE TRIAL COURT IN O.S.NO.25479/2023, DATED 12.01.2024, ON I.A.NO. 1 AND 2 ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioners are before this Court aggrieved by the continuous adjournments granted by the trial Court without considering I.A.No.1/2025. 2. It is submitted that I.A.No.1/2025 was filed on 28.10.2025 and thereafter underwent several adjournments. It is the contention of learned senior counsel representing for the learned counsel for the petitioner that the respondents, contrary to the order of status-quo, are interfering with the petitioners’ peaceful possession and enjoyment of the property and are attempting to dispossess the petitioners in a high- handed manner. In that regard, when a police complaint was lodged, the police are not taking any action, as the matter is sub-judice. In those circumstances, the petitioners have come before this Court and have also filed I.A.No.1/2026 seeking directions to the respondents not to interfere and to the police to provide police protection. It is submitted by learned senior counsel that, against the order in miscellaneous proceeding when a writ petition is filed, this Court has granted status-quo - 5 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 as far as the school premises are concerned. Whereas, in the present suit, the IA is filed by the plaintiff seeking an injunction, the Court has granted status-quo in respect of the entire 5 acres 19 guntas. It is submitted that unless and until police protection is granted, it would be difficult for the plaintiff to retain possession. 3. The learned Senior Counsel representing the learned counsel for respondents submits that, in fact, they are in possession of the entire 5 acres of land and have never violated the status-quo order. It is further submitted that, if the petitioners' grievance is that the IA is not disposed of, this Court may direct the trial Court to dispose of the IA. They will also file their objections, and this Court may direct the trial court to dispose of the same within a period of one week, and they have no objection for the same. 4. Having heard the learned senior counsels on either side, perused the material on record. This court has perused the order arising out of the writ petition from the miscellaneous and the order passed by the court in the present suit granting status-quo. In both cases, there is no finding as to who is in - 6 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 occupation of the property and what exactly is the status-quo that is granted. In those circumstances, this court, while exercising jurisdiction under Article 227, cannot go into all these facts and consider the IA that is filed by the petitioner. Considering the nature of dispute between the parties, when an IA is filed seeking police protection in the year 2025, the court ought to have dealt with the same at the earliest so that further litigation could have been avoided. In those circumstances, this court is of the view that directing the trial court to dispose of the pending IA seeking police protection would be appropriate and in the interest of both the parties. In that view of the matter, this court is passing the following ORDER i. Accordingly, the writ petition is disposed of directing the trial Court to dispose of I.A.No.1/2025 within one week from the date of receipt of the copy of the order. ii. The respondents shall file their objections immediately. - 7 - HC-KAR CNR: KAHC010158462026 NC: 2026:KHC:36296 WP No. 7270 of 2026 iii. Both the parties are at liberty to place before the court the evidence, i.e., the videos pertaining to any interference, as submitted before this court, and the court shall consider the same in accordance with law. iv. Both the learned Senior counsels on instruction submit that both the parties will strictly maintain the status quo. v. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 26