Karnataka High Court
WP/24830/2026 of SRI ASHOK M V Vs MR. MOHAMMED TAUFEEQ on 1 September 2026
CNR: KAHC010545142026 NC: 2026:KHC:48016 WP No. 24830 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24830 OF 2026 (GM-CPC) BETWEEN: 1. SRI ASHOK M V S/O. LATE VENKATESH M.R.,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 24830 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI ASHOK M V
S/O. LATE VENKATESH M.R.,
AGED ABOUT 48 YEARS
2.
SMT. PALLAVI B.S.
W/O. SRI ASHOK M.V.,
AGED ABOUT 35 YEARS
BOTH RESIDING AT
HOUSE NO. 30, BELLICHUKKI,
SANTRUPTI NAGAR, 4TH MAIN ROAD,
7TH PHASE, J.P. NAGAR,
BENGALURU - 560 078
…PETITIONERS
(BY SRI. RAKSHITH R., ADVOCATE)
AND:
1.
MR. MOHAMMED TAUFEEQ
S/O MOHAMMED ASAD
AGED ABOUT 26 YEARS,
R/AT C-303, MAHENDRA ELENA 5,
(MARAGONDANAHALLI, JIGANI HOBLI,
ANEKAL TALUK),
SHIKARI PALYA MAIN ROAD,
ELECTRONIC CITY PHASE-I,
BENGALURU - 560 100.
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
2.
CATENA HOMES INDIA PVT. LTD.
REP. BY ITS DIRECTOR
SRI VIVEK K.,
HAVING ITS REGISTERED OFFICE AT
B-1399, SHRILAL PRADHAN COMPLEX,
SANGAM VIHAR, TIGRI T POINT,
NEW DELHI - 110 080.
(COMPANY REGISTERED UNDER COMPANYS ACT)
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN
THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER, OR DIRECTION, DIRECTING THE COURT OF THE
IV ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL (COURT NO.
TO
PRONOUNCE
ORDERS
ON
THE
PENDING
INTERLOCUTORY APPLICATION FILED UNDER ORDER XXXIX
RULE 1(A) AND RULE 10 READ WITH SECTION 151 CPC IN O.S.
NO. 658/2025 ON THE ALREADY SCHEDULED HEARING DATE
OF 10.08.2026 OR WITHIN SUCH PERIOD AS THIS HONBLE
COURT MAY DEEM FIT, WITHOUT GRANTING ANY FURTHER
UNNECESSARY POSTPONEMENTS OR ADJOURNMENTS ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
HC-KAR
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ORAL ORDER
The present writ petition is filed seeking the following prayers: “WHEREFORE, the Petitioners most humbly pray that this Hon'ble Court may be pleased to:
(a) Issue a writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing the Court of the IV Additional Civil Judge and JMFC, Anekal (Court No.1258) to pronounce orders on the pending Interlocutory Application filed under Order XXXIX Rule 1(a) and Rule 10 read with Section 151 CPC vide Annexure-A, B and C in O.S. No. 658/2025 on the already scheduled hearing date of 15.09.2026 or within such period as this Hon'ble Court may deem fit, without granting any further unnecessary postponements or adjournments; (b) Direct the learned Trial Court (IV Additional Civil Judge and JMFC, Anekal) to expedite and dispose of the main suit in O.S. No. 655/2025 along with the Counter-Claim vide Annexure-D and G, in accordance with law, in the interests of justice;.
HC-KAR
(c) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice and equity."
2. In the light of the order passed in WP.No.24994/2026 dated 25.08.2026, this Court is passing the following:
ORDER
i. Accordingly, the writ petition is disposed of in the light of the order passed in WP.No.24994/2026 dated 25.08.2026.
ii. All pending I.As if any in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 20