- 1 - HC-KAR NC: 2026:KHC:10148 WP No. 5249 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5249 OF 2026 (GM-CPC) BETWEEN: SUBHAN KHAN S/O LATE MASOOM KHAN AGED ABOUT 70 YEARS R/AT NO. 104, 2ND CROSS, BANNIMANTAP C LAYOUT, MYSURU REPRESENTED BY SPA HOLDER SYED SHAHAB A.R. S/O LATE SYED ABDUL REHMAN, AGED ABOUT 41 YEARS, R/AT NO. 3006, SAJJAD STREET, MANDI MOHALLA, MYSURU …PETITIONER (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI. PRAVEEN M.T., ADVOCATE) AND: B. SAMIULLA KHAN S/O LATE B.P. BASHEER AHMED KHAN, AGED ABOUT 81 YEARS R/AT NO. 750, S.S. NAGAR, BANNIMANTAP B LAYOUT MYSURU-570015 …RESPONDENT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10148 WP No. 5249 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR DIRECTION TO THE LEARNED, PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MYSURUTO DISPOSE OF THE PETITIONER'S IA 2 AND 3 UNDER ORDER 39 RULE 1 AND 2 IN O.S. NO. 1555/2025 WITHIN A PERIOD OF 15 DAYS FROM THE DATE OF ORDER, IN VIEW OF THE DELAY IN PASSING ORDERS.B. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT TO IMMEDIATELY STOP ALL CONSTRUCTION ACTIVITIES ON THE SCHEDULEB PROPERTY, INCLUDING THE ENCROACHED PORTION OF SCHEDULE A1 PROPERTY MEASURING 8 X 90 FEET, DURING THE PENDENCY OF THE PROCEEDINGS.C. PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT, PROPER, AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. 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, petitioner seeks the following reliefs: A. Issue a writ of mandamus or direction to the learned Principal Senior Civil Judge and CJM, Mysuru, to dispose of the Petitioner's IA 2 under Order 39 Rule 1 and 2 in O.S. No.1555/2025 within a period of 15 days from the date of order, in view of the delay in passing orders. B. Issue a writ of mandamus or any other appropriate writ, order, or direction, directing the Respondent to immediately stop all construction activities on the Schedule B Property, including the encroached portion of Schedule A1 property measuring 8 x 90 feet, during the pendency of the proceedings. - 3 - HC-KAR NC: 2026:KHC:10148 WP No. 5249 of 2026 C. Pass such other order or orders as this Hon'ble Court may deem fit, proper, and necessary in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned Senior Counsel Sri Vikram Huilgol, appearing for the petitioner. 3. Learned Senior counsel submits that though the applications – I.A.Nos.2 and 3 for temporary injunction were filed by the petitioner as long back as on 25.09.2025, the trial Court after having heard the arguments has not passed orders even till today and as such, the present petition may be disposed of directing the trial Court to pass appropriate orders on the said applications within a period of one week from 21.02.2026 in accordance with law. 4. Accordingly, the petition is hereby disposed of. The trial Court is directed to dispose of the IA Nos.2 and 3 for temporary injunction filed by the petitioner - plaintiff in O.S. No.1555/2025 within a period of one week from 21.02.2026 and in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 9