Karnataka High Court
WP/13142/2026 of SRI.ABDUL KHALEEL, Vs SRI. NAZIR AHAMED, on 7 September 2026
CNR: KAHC010277962026 NC: 2026:KHC:48614 WP No. 13142 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 13142 OF 2026 (GM-CPC) BETWEEN: 1. SRI.ABDUL KHALEEL, S/O LATE ABDUL RAHEEM, AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 13142 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI.ABDUL KHALEEL,
S/O LATE ABDUL RAHEEM,
AGED ABOUT 61 YEARS,
RESIDING AT BUDON SAB PALYA,
BAGALUR, JALA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-562149.
2.
SMT.SHAMEEM UNNISA,
D/O LATE ABDUL RAHEEM,
W/O LATE ABDUL KUDDUS,
AGED ABOUT 63 YEARS,
RESIDING AT KUMBAR STREET,
KORATAGERE, TUMKUR-572129.
3.
SMT.MALLIKA, D/O LATE ABDUL RAHEEM,
W/O VALI AHMED, AGED ABOUT 54 YEARS,
RESIDING AT LAKKURU,
NELAMANGALA TALUK,
BENGALURU RURAL-562111
Digitally signed
by VINUTHA B
S
Location: High
Court of
Karnataka
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4.
SMT. PHAIM UNNISA,
D/O LATE ABDUL RAHEEM,
W/O ZIKKR, AGED ABOUT 51 YEARS,
RESIDING AT DODDABELE
THYAMAGONDLU,
BENGALURU RURAL-562132.
5.
SMT.NASRIN TAZ,
D/O LATE ABDUL RAHEEM,
W/O NAZEER, AGED ABOUT 48 YEARS,
RESIDING AT NO.37,
RENUMAKALAHALLI, RAMAPATNA,
CHIKKABALLAPURA-561209.
…PETITIONERS
(BY SRI CHANDRACHUD A., ADVOCATE)
AND:
1.
SRI. NAZIR AHAMED,
S/O. LATE ABDUL GAFUR SAB,
AGED ABOUT 71 YEARS,
RESIDING AT NO.14,
BUDAN SAB PALYA, BAGLUR POST,
BENGALURU-562 149.
2.
SRI.ZABIULLA,
S/O LATE ABDUL GAFUR SAB,
AGED ABOUT 65 YEARS,
RESIDING AT NO.161,
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BUDDAN SAB PALYA, BAGALUR POST,
BENGALURU -562 149.
3.
SRI.OBIEDULLA,
S/O LATE ABDUL GAFUR SAB,
AGED ABOUT 57 YEARS,
RESIDING AT NO.160,
BUDDAN SAB PALYA, BAGLUR POST,
BENGALURU-562 149.
4.
SMT.BATTULLUNNISA,
AGED ABOUT 60 YEARS,
W/O SRI.NAJEER AHAMED,
RESIDING AT NO.58,
BUDAN SAB PALYA, JALA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-562 149.
5.
SRI. MEHABOOB KHAN
S/O LATE KALANDAR KHAN,
AGED ABOUT 57 YEARS,
RESIDING AT BELLAHALLI CROSS,
KOGILU LAYOUT, YELAHANKA,
BENGALURU-560 064.
6.
SRI.AHAMED KHAN
S/O LATE KALANDAR KHAN,
AGED ABOUT 54 YEARS,
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RESIDING AT BUDAN SAB PALYA VILLAGE,
JALA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-562 149.
7.
SRI.SUBAN KHAN
S/O LATE KALANDAR KHAN,
AGED ABOUT 52 YEARS,
RESIDING AT NO.50,
C-BLOCK, BANNERGHATTA ROAD,
DIARY CIRCLE, JAYANAGAR FIRE QUARTERS,
BENGALURU-560029.
8.
SRI.NAWAZ KHAN,
S/O LATE KALANDAR KHAN,
AGED ABOUT 47 YEARS,
RESIDING AT HEGGUNDA,
KARIMANE, SOMPUR HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL-562111
9.
SMT.JAMEELABI
W/O SRI.SANAULLA KHAN,
AGED ABOUT 45 YEARS,
RESIDING AT LAKKUR VILLAGE AND POST,
BENGALURU RURAL- 562111.
10.
SMT.MEHERTAJ,
W/O SRI.NOORULLA,
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AGED ABOUT 44 YEARS,
RESIDING AT NO.149,
RAZAK SAB PALYA VILLAGE,
JALA HOBLI, BENGALURU NORTH TALUK
BENGALURU-562149
11.
SMT.TASMIYA
W/O SRI.CHANDPASHA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.73,
CHINNASANDRA VILLAGE,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA-563125.
12.
SMT. RASHIDA BI,
D/O LATE ABDUL GAFUR SAB,
W/O. AMAJAD KHAN,
AGED ABOUT 61 YEARS,
RESIDING AT NO.23/21,
3RD CROSS, UMARNAGAR,
NAGAVARA MAIN ROAD,
ARABIC COLLEGE POST,
BENGALURU-560.045.
13.
SMT. KHUTEJA,
D/O LATE ABDUL GAFUR SAB,
W/O MOHAMMED AKRAM,
AGED ABOUT 59 YEARS,
HC-KAR
RESIDING AT 13TH CROSS,
ANWAR LAYOUT, VENUGOPALA TEMPLE STREET,
KADUGONDANAHALLI, BENGALURU-560 045.
14.
SMT. SHAHEDA,
D/O LATE ABDUL GAFUR SAB,
W/O LATE SHEKH AMJAD,
AGED ABOUT 53 YEARS,
RESIDING AT NO. 163,
BUDANSAB PALYA VILLAGE, BAGALUR POST,
BENGALURU-562 149.
15.
SMT.ASIYA BI,
D/O LATE ABDUL GAFUR SAB,
W/O CHAND PASHA,
AGED ABOUT 51 YEARS,
RESIDING AT NO.32,
K. NARAYANAPURA, KHB COLONY,
KOTHANOOR POST,
BENGALURU-560 077.
…RESPONDENTS
(BY SRI B RAMESH, ADVOCATE FOR R1 TO R15)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
IMPUGNED DATED 01/02/2025 PASSED IN O.S. NO.154/2025
ON THE FILE OF THE HON'BLE I ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, AT DEVANAHALLI, IN NOT GRANTING THE
EX-PARTE INTERIM ORDER AS PRAYED FOR AND MERELY
ISSUANCE OF EMERGENT NOTICE WITHOUT ASSIGNING ANY
REASON AT ANNEXURE-A.
HC-KAR
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
Heard Sri Chandrachud A., learned counsel for the petitioners, and Sri B. Ramesh, learned counsel for respondent Nos.1 to 15.
2. This petition is filed impugning the order of the trial Court issuing suit summons in O.S.No.154/2025, in which two applications under Order XXXIX Rules 1 and 2 of the CPC have been filed seeking to restrain the defendants from alienating or encumbering the suit schedule properties by creating any lien or charge thereon and from changing or altering the title records in respect of the suit schedule properties. This Court, by order dated 28.04.2026, directed both parties to maintain status quo in respect of the suit schedule properties.
4. Learned counsel appearing for the petitioners submits that, in order to maintain the status of the suit schedule properties pending consideration of the I.A.s before the trial
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Court, both parties were directed to maintain status quo. It is submitted that the said direction was never intended to extend beyond the reliefs sought in the applications. Learned counsel therefore submits that the trial Court may be directed to consider and dispose of the pending applications.
5. Per contra, learned counsel appearing for the respondents submits that the petitioners, taking advantage of the interim order dated 28.04.2026, are interfering with the construction being undertaken by the respondents. It is submitted that such interference is contrary to and beyond the scope of the prayers made in the pending applications before the trial Court.
6. Considered the submissions made by the learned counsel for the parties.
7. In the facts of the present case, it would suffice if the trial Court is directed to consider the pending applications in I.A. Nos. I and II of 2025, both filed under Order XXXIX Rules 1 and 2 of the CPC, within a stipulated period. In the meantime, the respondents shall be restrained from alienating or creating any third-party interest in respect of the suit schedule properties or
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from changing the revenue records in respect thereof. It is made clear that status quo order is inapplicable insofar as the construction is concerned.
8. In the light of the above, the following:
ORDER
(i) The writ petition is disposed of directing the trial Court to pass orders on both the applications in I.A. Nos. I and II of 2025, filed under Order XXXIX Rules 1 and 2 of the CPC, within a period of two months.
(ii) Till such consideration, the submission made by learned counsel appearing for the respondents that there shall be no alienation or creation of any third-party interest in respect of the suit schedule properties and that no change shall be made in the revenue records is placed on record.
(iii) Learned counsel submits that the aforesaid submission is made on the instructions of respondent No.8.
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(iv) It is submitted that the next date of hearing before the trial Court is 30.10.2026. The said date is accordingly advanced to 22.09.2026.
In view of disposal of the petition, all pending applications stand disposed of.
Sd/- (K. V. ARAVIND) JUDGE
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