MR ABDULLAH ABDUL REHMAN v. M/S PRESIDENCY HOME AND INFRASTRUCTURE (P) LTD
WP/12192/2026 · 2026-04-23
H T Narendra Prasad
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 5115 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5115 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22294 WP No. 12192 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12192 OF 2026 (GM-CPC) BETWEEN:
1.
MR ABDULLAH ABDUL REHMAN S/O. T. A. ABDUL REHMAN AGED ABOUT 40 YEARS R/ AT KHADEEJA, S.L.
MATHIAS ROAD, FALNIR MANGALURU-575001. …PETITIONER (BY SRI. RAKESH KINI., ADVOCATE) AND:
1.
M/S PRESIDENCY HOME AND INFRASTRUCTURE (P) LTD B 5, PRESIDENCY ZONE 1 BENDOORWELL, MANGALURU-575002 REP. BY ITS MANAGING PARTNER MR. HYDER ALI K S/O. ABUBACKER K AGED ABOUT 57 YEARS R/AT FLAT NO. 1104 PRESIDENCY ENCLAVE, SAPPHIRE BLOCK BENDOORWELL, MANGALURU 575 002.
2.
MR. ABDUL REHMAN AGED ABOUT 35 YEARS,
S/O. LATE B. MOHAMMED KUNHI R/AT RAHMAN MANZIL OPP. KINGS COURT APTS.
NEAR KMC MEN'S HOSTEL KAPRIGUDDA, MANGALURU, D.K-575 002 …RESPONDENTS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:22294 WP No. 12192 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ORDER OR DIRECTION TO THE PRINCIPAL SENIOR CIVIL JUDGE AND CIM, MANGALURU, D.K., TO DISPOSE THE O.S. NO. 178/2022 WITHIN A PERIOD OF ONE MONTH OR ANY OTHER DATE AS THIS HON-BLE COURT DEEMS FIT, (ANNEXURE - A) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner-plaintiff has sought the following reliefs:
“(i) Issue writ of mandamus or order or direction to the Principal Senior Civil Judge & CJM, Mangaluru, D.K., to dispose the O.S. No. 178/2022 within a period of one month or any other date as this Hon'ble Court deems fit, (Annexure - A), (ii) Issue writ of mandamus or order or direction to the Principal Senior Civil Judge & CJM, Mangaluru, D.K., to dispose the IA No.4 filed by the Respondent No.1 in O.S. No. 178/2022, within a period of one month or any other date as this Hon'ble Court deems fit, (Annexure - C), (iii) Issue any other writ, order or direction as deemed fit and appropriate by this Hon'ble Court.”
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HC-KAR NC: 2026:KHC:22294 WP No. 12192 of 2026
2. For the sake of convenience, the parties are referred to as per their ranking before the Principal Senior Civil Judge and CJM, Mangaluru (hereinafter referred to as ‘Trial Court’ for short) in Original Suit.
3. The plaintiff filed a suit in O.S.No.178/2022 before the Trial Court seeking the relief of specific performance of contract. After issuance of suit summons, the defendants appeared, and defendant No.1 filed I.A.No.4 under Order VII Rule 11 of the CPC seeking rejection of the plaint. The Trial Court heard the parties on the said application on
23.09.2025. So far, no order has been passed on the said I.A. Therefore, the present writ petition is filed seeking early disposal of the said application.
4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.
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HC-KAR NC: 2026:KHC:22294 WP No. 12192 of 2026
5. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.No.4 under Order VII Rule 11 of the CPC, in accordance with law and as expeditiously as possible, and in any event on or before
30.06.2026. c) Parties are directed to co-operate for early disposal of the application.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 42