- 1 - HC-KAR NC: 2026:KHC:21953 WP No. 12712 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12712 OF 2026 (GM-CPC) BETWEEN: FAMIDA IBRAHIM W/O K.S.IBRAHIM AGED ABOUT 68 YEARS R/AT MAURISHKA PARK APARTMENT NAVABHARATH CIRCLE, KODIALBAIL MANGALURU 575 003. …PETITIONER (BY SRI. SANATH KUMAR SHETTY K., ADVOCATE) AND: 1. ABOOBAKKER SIDDIQUE M S S/O SHAMSUDDIN.M.E AGED ABOUT 31 YEARS 2. SHAMSUDDIN.M.E S/O MOHAMAMMED IBRAHIM AGED ABOUT 53 YEARS 3. MRS. RAHAMATH W/O SAMSUDDIN.M.E AGED ABOUT 48 YEARS R1 TO R3 ARE PARTNERS OF M/S. ROYAL CARS (USED CARS SALES AND SERVICES) D.NO. 10-321, SAHARA, UJJODI N.H 66 (OLD NH 17), MANGALURU - 575 002. …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21953 WP No. 12712 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO THIS COURT INTERFERE WITH THE ORDER DATED 23/09/2025 PASSED BY THE TRIAL COURT ON IA FILED UNDER ORDER XV RULE 5(1) & SECTION 151 OF CPC, IN COM O.S NO. 376/2024 ON THE FILE OF THE COURT OF DESIGNATED COMMERCIAL COURT AND DISTRICT JUDGE AT MANGALURU VIDE ANNEXURE-F BY SETTING THE SAID ORDER ASIDE AND ETC. THIS PETITION, COMING ON PRELIMINARY FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by plaintiff under Articles 226 & 227 of the Constitution of India, seeking the following relief: “(i) Interfere with the order dated 23.09.2025 passed by the trial court on IA No.XV Rule 5(1) and Section 151 of CPC in Com.O.S.No.376/2024 on the file of the Court of Designated Commercial Court and District Judge at Mangaluru vide Annexure-F by setting the said order aside.” 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The petitioner/plaintiff has filed a suit in Com. O.S. No. 376/2024 for ejectment, mesne profits, and arrears of - 3 - HC-KAR NC: 2026:KHC:21953 WP No. 12712 of 2026 rent. Upon service of summons, the defendants appeared through counsel and filed their written statement. 4. During the pendency of the proceedings, the petitioner filed an application under Order XV Rule 5(1) read with Section 151 of the Code of Civil Procedure (for short, “CPC”), seeking a direction to the defendants to deposit the admitted rent. The trial court has not passed any order on the said application, which was filed on 05.08.2025. Since no order has been passed, the petitioner has approached this Court seeking early disposal of the said application. 5. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands disposed of with a direction to the trial court to dispose of the application filed by the petitioner/plaintiff under Order XV Rule 5(1) read with Section 151 of the CPC as expeditiously as possible, and in any event not later than - 4 - HC-KAR NC: 2026:KHC:21953 WP No. 12712 of 2026 three months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 59