Case details

Court: Karnataka High Court · Principal Bench, Bengaluru
Decided: 2 September 2026
Bench: Lalitha Kanneganti
Citations: 2026:KHC:47730
Case number: WP/25717/2026
CNR: KAHC010567762026
Type: Judgment (DISPOSED)

Actions & My Vault

Save to My Vault

Ask Compass

Court copy / source

CNR: KAHC010567762026, case WP/25717/2026 (search it on the eCourts High Court services website (CNR Number tab))

Karnataka High Court

WP/25717/2026 of M/S GOLDEN SUNSHINE PROMOTERS LLP Vs MR RAFEEQ PASHA on 2 September 2026

Cites 0, Cited by 0

CNR: KAHC010567762026 NC: 2026:KHC:47730 WP No. 25717 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25717 OF 2026 (GM-CPC) BETWEEN: M/S GOLDEN SUNSHINE PROMOTERS LLP A LIMITED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 25717 OF 2026 (GM-CPC)

BETWEEN:

M/S GOLDEN SUNSHINE PROMOTERS LLP

A LIMITED LIABILITY PARTNERSHIP FIRM,

HAVING ITS REGISTERED OFFICE AT

NO.54, 7TH MAIN, BTM 2ND STAGE,

BANGALORE – 560 076

PRESENTED BY ITS PARTNER AND

AUTHORISED SIGNATORY,

THE MR. C. PRASHANTH,

S/O J. CHANDRA MOULI

AGED ABOUT 47 YEARS

…PETITIONER

(BY SRI. RAKESH M.T., ADVOCATE)

AND:

MR RAFEEQ PASHA

AGED ABOUT 73 YEARS

MR. SHAIK FAIROZ,

S/O MR. RAFEEK PASHA,

AGED ABOUT 38 YEARS

MR. MAHABOOB PASHA,

S/O MR. RAFEEK PASHA,

AGED ABOUT 36 YEARS

SMT. SHAMEEMUNNISA @ SHAMEEM,

D/O LATE ABDUL RASHEED,

AGED ABOUT 56 YEARS

Digitally signed

by SUVARNA T

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

MR. SHEKAYUB

S/O LATE ABDUL RASHEED,

AGED ABOUT 55 YEARS

MR. MOHAMMED AQUIB,

S/O MR. SHEKAYUB,

AGED ABOUT 31 YEARS

MISS. BUSHRA SABA

D/O MR. SHEKAYUB,

AGED ABOUT 26 YEARS

SMT. SHAIK GULANAZ,

D/O LATE ABDUL RASHEED,

AGED ABOUT 45 YEARS

SMT. MAKBUL

D/O LATE ABDUL RASHEED,

W/O BABULLA,

AGED ABOUT 47 YEARS

10.

MR. SHAIK SANAULLA,

S/O LATE ABDUL RASHEED,

AGED ABOUT 41 YEARS

11.

MR. MOHAMMED REHAN,

S/O MR. SHAIK SANAULLA,

(MINOR, REPRESENTED BY FATHER

AND NATURAL GUARDIAN

MR. SHAIK SANAULLA,

RESPONDENT NO.10)

12.

KUMARI ALIYA ZABEEN,

D/O MR. SHAIK SANAULLA,

(MINOR, REPRESENTED BY FATHER

AND NATURAL GUARDIAN

MR. SHAIK SANAULLA,

RESPONDENT NO.10)

HC-KAR

13.

SMT. RIZWANA,

D/O MR. ABDUL RASHEED,

AGED ABOUT 38 YEARS

14.

MR. SHAIKH NASEERULLA,

S/O MR. ABDUL RASHEED,

AGED ABOUT 48 YEARS

15.

MR. SHAIKH WASEEM AKRM,

S/O MR. SHAIKH NASEERULLA,

AGED ABOUT 25 YEARS

RESPONDENT NO.1 TO 15 ARE

RESIDENTS OF

CHIKKABETHAHALLI VILLAGE,

YELAHANKA HOBLI,

BENGALURU NORTH TALUK,

BENGALURU - 560 097

16.

MR. B. RANGASWAMY,

S/O LATE HANUMANTHAPPA,

AGED ABOUT 47 YEARS,

HAVING PERMANENT ADDRESS

AT WARD NO.34, 5TH CROSS,

DEVI NAGAR, BELLARY,

KARNATAKA – 583 103

ALSO AT RANGASWAMY NILAYA,

1ST FLOOR,

PRATHEEK HAVYAKA LAYOUT,

CHIKKABETTAHALLI VILLAGE,

VIDYARANYAPURA,

BANGALORE – 560 097

17.

MR. MANJUNATHA M.R.,

S/O LATE RAMAKRISHNAPPA M.L.,

NO.80, B SECTOR,

NEAR AMRUTHAHALLI POLICE STATION,

HC-KAR

AMRUTHANAGAR,

SAHAKARNAGAR,

BENGALURU - 560092.

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO CALLING FOR THE

RECORDS PERTAINING TO IA NOS. 4 IN AA NO. 8/2026 ON

THE FILE OF THE XLIV ADDL. CITY CIVIL AND SESSIONS

JUDGE BENGALURU (CCH-45) AND SET ASIDE THE IMPUGNED

ORDER DATED 29.6.2026 (ANNEXURE-A) PASSED THEREIN, INSOFAR AS IT FAILS TO GRANT ANY INTERIM PROTECTION

AND MECHANICALLY ADJOURNS THE SAID APPLICATIONS TO

20.08.2026 WITHOUT CONSIDERATION OF THE URGENCY

PLEADED THEREIN.

THIS

PETITION,

COMING

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

Decisions in the index citing it

Cites

Decisions referred to

In this index

Of the decisions it cites

Overruled / Questioned

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

The petitioner is before this Court, questioning the order dated 29.06.2026 passed in A.A.No.8/2026 by the XLIV Additional City Civil and Sessions Judge, Bengaluru, whereby the trial Court failed to consider I.A.Nos. 3 to 5 filed under Section 151 of the CPC read with Section 9 of the Arbitration and Conciliation Act, 1996; under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC read with Section 9 of the Arbitration and Conciliation Act, 1996; and under Order 1 Rule 10(2) read with Section 151 of the CPC, and directed the

HC-KAR

respondent to file objections and the matter to be called on 20.08.2026. Now, again, the matter is adjourned to October 2026. In these circumstances, the petitioner has come before this Court invoking the jurisdiction under Article 227 of the Constitution of India.

2. It is submitted that pending consideration of the applications, there may be an order of status quo not to change the nature of the property.

3. This Court is not inclined to pass any orders pending disposal of the said applications. However, considering the urgency as stated before this Court, this Court is passing the following order:

ORDER

i. The trial Court is directed to consider I.A.Nos.3 to 5 within a period of two weeks from the date of receipt of the copy of the order.

ii. The petitioner is at liberty to advance the matter.

iii. Accordingly, the writ petition is disposed of.

HC-KAR

iv. All I.As. in this petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

MEG List No.: 1 Sl No.: 29