M/S. U. R. BUILDERS AND DEVELOPERS v. M/S. SUMMIT DEVELOPERS (BANGALORE) PVT. LTD
WP/9632/2026 · 2026-04-10
H T Narendra Prasad
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 4368 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4368 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20395 WP No. 9632 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.9632 OF 2026 (GM-CPC) BETWEEN:
1.
M/S. U.R. BUILDERS AND DEVELOPERS REPRESENTED BY ITS PROPRIETORSHRI P. RAVEENDRA, S/O SRI P. SUBRAMANYAM AGED ABOUT 50 YEARS AT NO.380/15, SHRI DEVI KRUPA 2ND CROSS RIGHT, KRISHNA LAYOUT HULIMAVU, BANNERUGHATTA ROAD BENGALURU-560 076 &PETITIONER (BY SRI. ASHOKA T., ADVOCATE)
AND:
1.
M/S. SUMMIT DEVELOPERS (BANGALORE) PVT. LTD., REPRESENTED BY ITS PARTNERS
SHRI. IQBAL PASHA S/O LATE SYED HYDER AGED ABOUT 71 YEARS
2.
SHRI. SUBHAN KHAN S/O KHASIM KHAN AGED ABOUT 69 YEARS
3.
SHRI. SYED SALAHUDDIN S/O LATE SYED ZAHEERUDDIN AGED ABOUT 54 YEARS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:20395 WP No. 9632 of 2026
HAVING ITS REGISTERED OFFICE AT NO.738/1, EAST END ROAD JAYANAGAR, BENGALURU-560 041.
4.
SHRI. VIRUPAKSHA S/O B.S. NAGARAJ AGED ABOUT 45 YEARS R/AT NO.55, <PRAJWAL= 3RD MAIN ROAD, 11TH CROSS SHREYAS COLONY J.P. NAGAR VII PHASE BENGALURU-560 078. &RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE LEARNED II ADDL.
SENIOR CIVIL JUDGE AND JFMC ANEKAL, TO PASS ORDERS ON THE APPLICATION FILED UNDER ORDER 7 RULE 11 (a) AND (d) OF THE CPC IN OS NO.1417/2015 WITHIN THIRTY DAYS VIDE ANNEXURE-C AND TO ISSUE A DIRECTION TO THE TRIAL COURT TO FINALLY ADJUDICATE IA NO.1 (UNDER ORDER 39 RULE 1 AND 2) WITHIN 30 DAYS VIDE ANNEXURE-C AND TO ISSUE DIRECTION TO THE TRIAL COURT TO CONCLUDE THE ORIGINAL SUIT WITHIN AN OUTER LIMIT OF 6 MONTHS.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner has sought for a direction to the II Addl. Senior Civil Judge and JMFC, Anekal (for short 8Trial Court9) to pass orders on the
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HC-KAR NC: 2026:KHC:20395 WP No. 9632 of 2026
application filed under Order VII Rule 11(a) and (d) of CPC in O.S.No.1417/2015 within thirty days.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.
3. The plaintiffs filed a suit in O.S.No.1417/2015 before the Trial Court seeking for relief of specific performance. After issuance of suit summons, the defendants appeared and filed written statement and also filed an application under Order VII Rule 11(a) and (d) of the CPC. Parties have addressed arguments on the application. So far, no
order has been passed on the said application. Therefore, the present writ petition is filed seeking for early disposal of the said application.
4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of
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HC-KAR NC: 2026:KHC:20395 WP No. 9632 of 2026
the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.
5. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application filed under Order VII Rule 11(a) and (d) of the CPC in accordance with law and as expeditiously as possible, not later than end of June 2026. c) Parties are directed to co-operate for early disposal of the application.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 60