- 1 - HC-KAR NC: 2026:KHC:6163 WP No. 301 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 301 OF 2026 (GM-CPC) BETWEEN: SRI. RAFIULLA KHAN S/O LATE WAHAB AGED ABOUT 67 YEARS R/AT NO. 738/A AGRAHARA LAYOUT. 19TH CROSS, YELAHANKA JAKKUR POST, BENGALORE NORTH TALUK – 560 064 …PETITIONER (BY SRI. SRINATH P., ADVOCATE) AND: 1. SMT. AYISH KHANAM W/O SRI. SABDAR KHAN AGED ABOUT 55 YEARS 2. SRI. SABDAR KHAN S/O LATE IMAM KHAN @ NOOR AGED ABOUT 64 YEARS BOTH ARE R/AT GIDDAPPANAHALLI VILLAGE SULEBELE HOBLI, HOSKOTE TALUK BENGALORE RURAL DISTRICT – 562 114 …RESPONDENTS (BY SRI. IMRAN PASHA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 28.11.2025 PASSED IN M.A.NO.51/2025 I.A.NO.1, ORDER 39 RULE 1 & 2 CPC, ON THE FILE OF IXST ADDITIONAL DISTRICT AND SESSIONS JUDGE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6163 WP No. 301 of 2026 BENGALURU RURAL DISTRICT BENGALURU VIDE ANNEXURE-A BY ALLOWING ABOVE PETITION. AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Call for Records in M.A.No.51/2025 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. b) Issue a Writ of Certiorari by quashing the order dated 28.11.2025 passed in M.A.No.51/2025 I.A.No.1 Order 39 Rule 1 & 2 CPC on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru vide Annexure-A by allowing the above petition. c) Ordered to issue temporary injunction in Respect of the suit schedule property Restraining the Respondents from interfering with the suit property in any manner either by himself or his agents, servants and anybody working under their direction by way of causing interference with petitioner peaceful possessions disposal of above petition, in the ends of justice and equity. - 3 - HC-KAR NC: 2026:KHC:6163 WP No. 301 of 2026 d) Grant such other reliefs that this Hon’ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of Justice and Equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that the appeal in R.A.No.3/2025 is said to be posted before the Senior Civil Judge and JMFC, Hoskote (hereinafter referred to as ‘the First Appellate Court’) on 04.02.2026, without expressing any opinion on the merits/de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the First Appellate Court to dispose of the appeal in R.A.No.3/2025 on merits and in accordance with law within a period 45 days from 04.02.2026. 4. The First Appellate Court shall dispose of R.A.No.3/2025 on merits without being influenced by the findings and observations recorded in the impugned orders. - 4 - HC-KAR NC: 2026:KHC:6163 WP No. 301 of 2026 5. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Hand deliver of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 45