- 1 - HC-KAR NC: 2026:KHC:2184 WP No. 30455/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30455 OF 2025 (GM-CPC) BETWEEN: SRI R RASHEED AHMED S/O LATE CHOTU SAHEB AGED ABOUT 80 YEARS R/AT NO.83, C.V.V. HAJI AIR EXTENSION NEAR ST. JOSEPH SCHOOL HOSKOTE TOWN BENGALURU RURAL DIST- 562114 …PETITIONER (BY SRI. NAVEENARADHYA S.,ADVOCATE) AND: 1. SRI NAGARAJ S/O. LATE SEENAPPA AGED ABOUT 68 YEARS 2. SRI. N.SANDEEP S/O. S.NAGARAJ AGED ABOUT 48 YEARS BOTH ARE R/ AT NO.14, 1ST CROSS SRI.MARUTHI NILAYA NANDEESHRI LAYOUT V.V EXTENSION HOSKOTE TOWN BENGALURU RURAL DIST.-562114 3. SRI. SAYED ALI S/O SYED HUSMAN AGED ABOUT 49 YEARS 4. SRI. SAYED JAFFAR S/O SYED HUSMAN AGED ABOUT 45 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2184 WP No. 30455/2025 RESPONDENT NOS.3 AND 4 ARE R/AT V.V. EXTENSION HOSKOTE TOWN BENGALURU RURAL DISTRICT -562 114. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING SET ASIDE THE ORDER DATED 22.08.2025 PASSED BY ADDL. CIVIL JUDGE AND JMFC, HOSKOTE (TRIAL JUDGE AND JMFS COURT') ON I.A.NO.1 IN E.P. NO.12/2025 IN SO FAR AS IT RELATED TO REFUSAL TO EXERCISE THE JURISDICTION VESTED IN IT BY LAW OF THE APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AS AMENDED AND CONSEQUENTLY DIRECT TO CONSIDER AND DISPOSE OF I.A NO.1 FILED BY THE PETITIONER IN A TIME BOUND MANNER 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 the petitioner seeks the following reliefs: a) Set aside the order dated 22.08.2025 passed on I.A.No.1 by the Hon'ble Addl. Civil Judge and JMFC, Hoskote ('Trial Court') in E.P.No.12/2025 vide Annexure-H in so far as it related to refusal to exercise the jurisdiction vested in it by law of the application under section 151 of the Code of Civil Procedure, 1908 as amended. - 3 - HC-KAR NC: 2026:KHC:2184 WP No. 30455/2025 b) and consequently in exercise of a supervisory jurisdiction of this Hon'ble Court under article 227 of the Constitution of India, direct the Hon'ble Addl. Civil Judge and JMFC at Hoskote Court to consider and dispose of I.A No.1 filed by the petitioner in E.P.No.12/2025 vide Annexure-G in a time bound manner and to pass orders within a time frame having regard to the grave urgency involved in the matter. c) Issue any other Writ, Order or Direction as this Hon'ble Court may deem fit and appear in the nature of the case. d) Grant cost of the Present Proceedings. 2. Heard learned counsel for the petitioner and perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner having filed an application for grant of police protection on 22.08.2025 in Ex.No.12/2025, the Trial Court did not pass any orders and directed issuance of notice on the said application I.A.No.1 to the respondents who are avoiding the service of notice and unnecessarily protracting the matter in execution proceedings which are currently posted to 06.03.2026. It is submitted that the present petition may be disposed of, reserving liberty in favour of the petitioner to seek preponement/ advancement of the execution petition from 06.03.2026 to any date during the week commencing from 19.01.2026 and to permit the petitioner to take out hand - 4 - HC-KAR NC: 2026:KHC:2184 WP No. 30455/2025 summons to the respondents/ JDR and proceed further as expeditiously as possible. The said submission is placed on record. 4. Accordingly, the Petition stands disposed of reserving liberty in favour of the petitioner to seek preponement/ advancement of Ex.No.12/2025 from 06.03.2026 to any convenient date during the course of the week commencing from 19.01.2026. Liberty is also reserved in favour of the petitioner to file preponement/ advancement application which shall be considered by the Executing Court which shall prepone the Execution Petition from 06.03.2026 to any convenient date commencing during the week commencing from 19.01.2026. Upon such preponement/ advancement, the Executing Court shall permit the petitioner to take out hand summons to the respondents/ JDR and adjourn the matter to shortest possible date and consider and pass appropriate orders on I.A.No.1 as expeditiously as possible within fifteen days from the date of appearance of the respondents/ JDR before the Executing Court. - 5 - HC-KAR NC: 2026:KHC:2184 WP No. 30455/2025 5. Subject to the aforesaid directions and reserving liberty in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 9