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2026 DAILYLAW 49992 (KAR)

MR GHOUSE KHAN v. SMT Y SAJIDUNNISA

WP/25538/2025 · 2026-02-05

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7320 WP No. 25538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.25538 OF 2025 (GM-CPC) BETWEEN: MR. GHOUSE KHAN S/O LATE AMANULLA KHAN AGED ABOUT 45 YEARS SMT. NAZNEE W/O LATE AMANULLA KHAN AGED ABOUT 58 YEARS BY LRS MR. GHOUSE KHAN S/O LATE AMANULLA KHAN AGED ABOUT 45 YEARS RESIDING AT NO.20/3, 4TH CROSS PADARAYANAPURA BANGALORE – 560 026. …PETITIONER (BY SRI. SHRIRAMA ADIGA, ADVOCATE) AND: SMT. Y SAJIDUNNISA W/O LATE SYED MUSHTAQ AGED ABOUT 70 YEARS R/AT NO.20, 4TH CROSS NEHRU ROAD, OLD GUDDADAHALLI, BANGALORE – 560 026. …RESPONDENT (BY SRI. PRASHANTH KUMAR G.G., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 13.06.2025 PASSED Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7320 WP No. 25538 of 2025 IN IA NO.1 FILED UNDER ORDER XXI RULE XXIX RELATES TO THE MISC NO.612/2025 PENDING ON THE FILE OF THE XV ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-3) VIDE ANNEXURE-A AND ISSUE A DIRECTION TO PROCEED THE EXECUTION CASE FILED BY THE PETITIONER IN EX.NO.371/2024 AS SPEEDY AS EXPEDITIOUS IN ACCORDANCE WITH LAW AND VIDE ANNEXURE-F AND ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT 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) Issue a Writ of Certiorari to quash the order dated 13.06.2025 passed in IA No.1 filed under order XXI Rule XXIX relates to the Misc No.612/2025 pending on the file of the XV Addl. City Civil and Sessions judge, at Bengaluru (CCH-3) Vide Annexure-A. (b) Issue a Direction to proceed the execution case filed by the Petitioner in Ex. No.371/2024 as speedy as expeditious in accordance with law and; vide Annexure:F - 3 - HC-KAR NC: 2026:KHC:7320 WP No. 25538 of 2025 (c) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. After arguing the matter for sometime, learned counsel for petitioner and respondent jointly submits that the present petition may be disposed of directing the Trial Court to dispose of Misc.No.612/2025 arising out of O.S.No.6106/2022, which currently stands posted on 07.04.2026 within a stipulated time frame by leaving open all contentions. 4. The joint submission is placed on record. 5. The Trial Court before whom Misc.No.612/2025 arising out of O.S.No.6106/2022 is directed to dispose of the said Miscellaneous petition within a period of three months from 07.04.2026. 6. To enable compliance of this order and directions passed herein, the petitioner, who is respondent in the said Misc.No.612/2025 is directed to file his statement of objections to - 4 - HC-KAR NC: 2026:KHC:7320 WP No. 25538 of 2025 the main petition and both sides are directed to co-operate with the Trial Court for expeditious disposal of the miscellaneous petition. 7. 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 40