- 1 - HC-KAR NC: 2026:KHC:4733 WP No. 9878 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.9878 OF 2025 (GM-CPC) BETWEEN: 1. SRI SYED ASIF S/O LATE SYED SERVER AGED 60 YEARS R/AT NO. 338, OPP IDGAH, RMV 2ND STAGE, 1ST CROSS, BHOOPASANDRA, BENGALURU-560094 2. SRI. SYED HASNAIN S/O SYED ASIF AGED 26 YEARS R/AT NO.338, OPP IDGAH, RMV 2ND STAGE, 1ST CROSS, BHOOPASANDRA BENGALURU-560094 3. SMT. IRSHAD BEGUM D/O LATE SYED SERVER AGED 51 YEARS R/AT NO. 27, RMV 2ND STAGE, 1ST CROSS, BHOOPSANDRA BENGALURU-560094. …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. SRI SYED ASADULLA S/O SYED ARIFULLA AGED ABOUT 38 YEARS, 2. SRI. SYED MASOODULLA S/O SYED ARIFULLA AGED ABOUT 36 YEARS Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4733 WP No. 9878 of 2025 3. SRI. SYED SAHUD ULLA S/O SYED ARIFULLA AGED ABOUT 38 YEARS 4. SRI. SYED SAHAD ULLA S/O SYED ARIFULLA AGED ABOUT 34 YEARS RESPONDENTS NO.1 TO 4 ARE ALL RESIDING AT NO.74, BHOOPASANDRA RMV EXTENSION, 2ND STAGE, BENGALURU-560094. 5. SYEDA SHAFINA D/O LATE SHAHNAZ BEGUM, AGED ABOUT 33 YEARS 6. SYED HAKHIB S/O LATE SHAHNAZ BEGUM AGED ABOUT 30 YEARS RESPONDENTS NO.5 AND 6 ARE BOTH RESIDING AT NO.27 RMV 2ND STAGE, 1ST CROSS, BHOOPASANDRA, BENGALURU-560094. 7. SRI SYED ARIF ULLA S/O LATE SYED SERVER AGED ABOUT 74 YEARS R/AT NO.55, 3RD MAIN ROAD, BHUVANESHWARI NAGAR, R.T. NAGAR POST, BENGALURU. 8. SMT. SHAHTAJ BEGUM D/O LATE SYED SERVER AGED ABOUT 59 YEARS, 9. SMT. SHAMSHAD BEGUM D/O LATE SYED SERVER AGED ABOUT 58 YEARS 10. SMT. DILSHAD BEGUM D/O LATE SYED SERVER AGED ABOUT 55 YEARS - 3 - HC-KAR NC: 2026:KHC:4733 WP No. 9878 of 2025 11. SRI. SYED ATHIF S/O LATE SYED SERVER AGED ABOUT 55 YEARS, RESPONDENTS 7 TO 11 ARE ALL RESIDING AT NO.27, RMV 2ND STAGE, 1ST CROSS, BHOOPASANDRA, BANGALORE-560094 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER ON IA NO.2 DATED 18.02.2025 IN O.S NO.26470/2023 PASSED BY THE LEARNED IV ADDITIONAL CITY CIVIL AND SESSION JUDGE, MAYA HALL, BANGALORE (CCH-21), VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: "a. Set aside the impugned order on IA No.2 dated 18-02- 2025 in O.S.No.26470/2023 passed by the learned IV Add. City civil and session Judge, Maya Hall Bangalore (CCH-21), vide Ann-A. b. Consequently, quash the proceeding in OS No26470/2023 pending on the file of IV Addl. City civil and session judge, Mayohall, Bangalore vide Ann-E. c. Pass such other orders as this Hon'ble Court deems fit under the facts and circumstances of the case." - 4 - HC-KAR NC: 2026:KHC:4733 WP No. 9878 of 2025 2. Heard the learned counsel for the petitioners and perused the material on record. 3. After arguing the matter for some time, learned counsel for the petitioners submits that the petitioners have filed an application seeking rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, 'CPC') and the same is still pending consideration before the Trial Court even as on today. It is, therefore, submitted that the present petition may be disposed of by directing the Trial Court to pass appropriate orders on the application for rejection of plaint filed by the petitioners under Order VII Rule 11 of the CPC in accordance with law and by reserving liberty in favour of the petitioners to approach this Court subsequently, if the occasion so arises. 4. His submission is placed on record. 5. The petition stands disposed of directing the Trial Court to consider and pass appropriate orders on the application filed by the petitioners under Order VII Rule 11 of the CPC for rejection of plaint in accordance with law. The Trial Court shall consider and pass appropriate orders on the said - 5 - HC-KAR NC: 2026:KHC:4733 WP No. 9878 of 2025 application after providing sufficient and reasonable opportunity to both parties and as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of this order. 6. Liberty is reserved in favour of the parties to approach this Court subsequently, if the occasion so arises. Subject to the aforesaid directions and liberty reserved in favour of the parties, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE sma