- 1 - HC-KAR NC: 2026:KHC:21123 WP No. 31434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31434 OF 2025 (GM-CPC) BETWEEN: SHAFIQUDDIN SHARIFF AGED ABOUT 64 YEARS, S/O GAYSUDDIN SHERIFF, RESIDING AT NO. 40, OLD SITE NO. 65, 2ND CROSS, AKKAMMA BLOCK DINNUR MAIN ROAD, R.T. NAGAR POST, BANGALORE- 560 032. &PETITIONER (BY SRI. VENUGOPALA M.S., ADVOCATE) AND: 1. MR. KALEEMULLA KHAN S/O LATE SUBHAN KHAN, SINCE DEAD, REPTD. BY HIS LR'S, THE RESPONDENT NO. 2 TO 6 MR. JAVED KHAN, AGED ABOUT 58 YEARS, S/O LATE KALEEMULLA KHAN, 2. MRS. RIZWANA KHANUM AGED ABOUT 54 YEARS, D/O LATE KALEEMULLA KHAN, 3. MR. SAJJAD KHAN, AGED ABOUT 51 YEARS, S/O LATE KALEEMULLA KHAN, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21123 WP No. 31434 of 2025 4. MR. WAJIDULLA KHAN AGED ABOUT 58 YEARS, S/O LATE KALEEMULLA KHAN, RESIDING AT NO.65, 1ST FLOOR, 1ST CROSS, DINNUR MAIN ROAD, NAVODAYA SCHOOL, KOUSER NAGAR, BANGALORE- 560 032. 5. MRS. FARZANA KHANUM, AGED ABOUT 52 YEARS, D/O LATE KALEEMULLA KHAN, RESIDING AT, NO.24/1, 10TH CROSS, RAMESH COLONY, OPP. BBMP OFFICE, MARATHAHALLI, BANGALORE- 560 037. &RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE HON'BLE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-63) IN O.S.NO.4895/2016, ON 01.08.2025 ON I.A NO.10 AND 11 AT ANNEXURE-A AND TO ABATE/DISMISS THE SUIT AS PER PROVISIONS OF ORDER XXII RULE 9 OF CPC, ALONGWITH SUCH OTHER RELIEFS, WRIT DIRECTIONS, DECLARATIONS AND ORDERS AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT INCLUDING THE COSTS OF THIS PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, petitioner called in question the order dated 01.08.2025 passed by the LXII Additional City Civil and Sessions Judge, Bangalore (for short 'Trial Court') on I.A.Nos.10 and 11 in O.S.No.4895/2016, - 3 - HC-KAR NC: 2026:KHC:21123 WP No. 31434 of 2025 whereby, the applications filed by the plaintiff under Order XXII Rule 3(1) (2) r/w. Section 151 of the Code of Civil Procedure (for short, 8CPC9) and under Section 151 of CPC respectively, were allowed. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in original suit. 3. The original plaintiff filed a suit for permanent and mandatory injunction. During the pendency of the suit, the original plaintiff died. Thereafter, the original plaintiff9s legal representatives have filed an application i.e., I.A.No.10 under Order XXII Rule 3(1)(2) r/w. Section 151 of CPC to come on record. There was a delay of 53 days in filing LR application. The Trial Court condoning the delay of 53 days, permitted the legal representatives of the original plaintiff to come on record. Being aggrieved by the said order passed by the Trial Court, the petitioner/defendant No.1 is before this Court. - 4 - HC-KAR NC: 2026:KHC:21123 WP No. 31434 of 2025 4. There is only a delay of 53 days in filing the LR application. Along with that application, legal representatives of the original plaintiff also filed an I.A. for condonation of delay. They have explained that, immediately after the death of their father, i.e., the original plaintiff, they have applied for death certificate and there is delay in obtaining the death certificate. Therefore, 53 days of delay was caused in filing the said application. On consideration of that reasoning, the trial Court was justified in allowing that application. 5. The petitioner has not made out any case. Viewed from any angle, there is no error or illegality in the impugned order passed by the Trial Court warranting interference by this Court. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 6