- 1 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25717 OF 2026 (GM-CPC) BETWEEN: M/S GOLDEN SUNSHINE PROMOTERS LLP A LIMITED LIABILITY PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.54, 7TH MAIN, BTM 2ND STAGE, BANGALORE – 560 076 PRESENTED BY ITS PARTNER AND AUTHORISED SIGNATORY, THE MR. C. PRASHANTH, S/O J. CHANDRA MOULI AGED ABOUT 47 YEARS …PETITIONER (BY SRI. RAKESH M.T., ADVOCATE) AND: 1. MR RAFEEQ PASHA S/O LATE ABDUL RASHEED, AGED ABOUT 73 YEARS 2. MR. SHAIK FAIROZ, S/O MR. RAFEEK PASHA, AGED ABOUT 38 YEARS 3. MR. MAHABOOB PASHA, S/O MR. RAFEEK PASHA, AGED ABOUT 36 YEARS 4. SMT. SHAMEEMUNNISA @ SHAMEEM, D/O LATE ABDUL RASHEED, AGED ABOUT 56 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 5. MR. SHEKAYUB S/O LATE ABDUL RASHEED, AGED ABOUT 55 YEARS 6. MR. MOHAMMED AQUIB, S/O MR. SHEKAYUB, AGED ABOUT 31 YEARS 7. MISS. BUSHRA SABA D/O MR. SHEKAYUB, AGED ABOUT 26 YEARS 8. SMT. SHAIK GULANAZ, D/O LATE ABDUL RASHEED, AGED ABOUT 45 YEARS 9. SMT. MAKBUL D/O LATE ABDUL RASHEED, W/O BABULLA, AGED ABOUT 47 YEARS 10. MR. SHAIK SANAULLA, S/O LATE ABDUL RASHEED, AGED ABOUT 41 YEARS 11. MR. MOHAMMED REHAN, S/O MR. SHAIK SANAULLA, (MINOR, REPRESENTED BY FATHER AND NATURAL GUARDIAN MR. SHAIK SANAULLA, RESPONDENT NO.10) 12. KUMARI ALIYA ZABEEN, D/O MR. SHAIK SANAULLA, AGED ABOUT 13 YEARS, (MINOR, REPRESENTED BY FATHER AND NATURAL GUARDIAN MR. SHAIK SANAULLA, RESPONDENT NO.10) - 3 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 13. SMT. RIZWANA, D/O MR. ABDUL RASHEED, AGED ABOUT 38 YEARS 14. MR. SHAIKH NASEERULLA, S/O MR. ABDUL RASHEED, AGED ABOUT 48 YEARS 15. MR. SHAIKH WASEEM AKRM, S/O MR. SHAIKH NASEERULLA, AGED ABOUT 25 YEARS RESPONDENT NO.1 TO 15 ARE RESIDENTS OF CHIKKABETHAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 097 16. MR. B. RANGASWAMY, S/O LATE HANUMANTHAPPA, AGED ABOUT 47 YEARS, HAVING PERMANENT ADDRESS AT WARD NO.34, 5TH CROSS, DEVI NAGAR, BELLARY, KARNATAKA – 583 103 ALSO AT RANGASWAMY NILAYA, 1ST FLOOR, PRATHEEK HAVYAKA LAYOUT, CHIKKABETTAHALLI VILLAGE, VIDYARANYAPURA, BANGALORE – 560 097 17. MR. MANJUNATHA M.R., AGED ABOUT 71 YEARS, S/O LATE RAMAKRISHNAPPA M.L., NO.80, B SECTOR, NEAR AMRUTHAHALLI POLICE STATION, - 4 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 AMRUTHANAGAR, SAHAKARNAGAR, BENGALURU - 560092. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALLING FOR THE RECORDS PERTAINING TO IA NOS. 4 IN AA NO. 8/2026 ON THE FILE OF THE XLIV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-45) AND SET ASIDE THE IMPUGNED ORDER DATED 29.6.2026 (ANNEXURE-A) PASSED THEREIN, INSOFAR AS IT FAILS TO GRANT ANY INTERIM PROTECTION AND MECHANICALLY ADJOURNS THE SAID APPLICATIONS TO 20.08.2026 WITHOUT CONSIDERATION OF THE URGENCY PLEADED THEREIN. 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 petitioner is before this Court, questioning the order dated 29.06.2026 passed in A.A.No.8/2026 by the XLIV Additional City Civil and Sessions Judge, Bengaluru, whereby the trial Court failed to consider I.A.Nos. 3 to 5 filed under Section 151 of the CPC read with Section 9 of the Arbitration and Conciliation Act, 1996; under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC read with Section 9 of the Arbitration and Conciliation Act, 1996; and under Order 1 Rule 10(2) read with Section 151 of the CPC, and directed the - 5 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 respondent to file objections and the matter to be called on 20.08.2026. Now, again, the matter is adjourned to October 2026. In these circumstances, the petitioner has come before this Court invoking the jurisdiction under Article 227 of the Constitution of India. 2. It is submitted that pending consideration of the applications, there may be an order of status quo not to change the nature of the property. 3. This Court is not inclined to pass any orders pending disposal of the said applications. However, considering the urgency as stated before this Court, this Court is passing the following order: ORDER i. The trial Court is directed to consider I.A.Nos.3 to 5 within a period of two weeks from the date of receipt of the copy of the order. ii. The petitioner is at liberty to advance the matter. iii. Accordingly, the writ petition is disposed of. - 6 - HC-KAR CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 29