Karnataka High Court
WP/19590/2026 of SYED KHALEL AHMED Vs SMT. BIBIJAN on 25 August 2026
CNR: KAHC010428502026 NC: 2026:KHC:46026 WP No. 19590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19590 OF 2026 (GM-CPC) BETWEEN: SYED KHALEL AHMED S/O LATE SYED CHOTU SAB
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 19590 OF 2026 (GM-CPC)
BETWEEN:
SYED KHALEL AHMED
S/O LATE SYED CHOTU SAB
AGED ABOUT 71 YEARS
R/AT NO.83C, 1ST CROSS,
CK MANSION, M.V. EXTENSION,
KANAKA NAGAR, HOSAKOTE,
BANGALORE RURAL-562 114
…PETITIONER
(BY SRI.SADDAM R MULLA, ADVOCATE FOR
SRI.MOHAMMED TAHIR, ADVOCATE)
AND:
1.
SMT. BIBIJAN
W/O LATE THOWKAL
AGED ABOUT 80 YEARS
2.
SRI. SYED SALEEM
S/O LATE THOWKAL
AGED ABOUT 60 YEARS
3.
SYED MUSTAK
S/O LATE THOWKAL
AGED ABOUT 48 YEARS
4.
SRI. SYED ISAK
S/O LATE THOWKAL
AGED ABOUT 45 YEARS
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
5.
SRI. SYED NAYAZ PASHA
S/O LATE THOWKAL
AGED ABOUT 40 YEARS
ALL ARE R/AT UPPARAPETE VILLAGE,
AMBAJIDURGA HOBLI,
CHINTAMANI TALUK,
CHICKKABALLAPURA DISTRICT-563 125
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO SET
ASIDE THE ORDER DATED 06.06.2026 PASSED BY THE
LEARNED PRL. CIVIL JUDGE AND JMFC, CHINTAMANI, IN O.S.
NO.365/2024 AT ANNEXURE-A INSOFAR AS IT KEEPS THE
PETITIONER'S APPLICATION FILED UNDER ORDER VII RULE 11
CPC IN ABEYANCE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present writ petition is filed seeking the following prayer:
a) Issue a writ of Certiorari or any other appropriate writ to set aside the order dated 06.06.2026 passed by the learned Prl. Civil Judge and JMFC, Chintamani, in OS.No.365/2024 at Annexure-A insofar as it keeps the petitioner’s application filed under Order VII Rule 11 of CPC in abeyance.
b) Issue a writ of Mandamus or any other appropriate writ, directing the learned Prl. Civil Judge and JMFC, Chintamani, to consider and dispose of the petitioner’s application filed under Order VII Rule 11 of CPC in OS.No.365/2024 at
HC-KAR
Annexure-B in accordance with law within 4 weeks.
c) Grant such other order or relief as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.
2. Learned counsel for the petitioner submits that he is not insisting on Prayer-A. As far as Prayer-B is concerned, it is submitted that, the court has to consider and pass orders on the application and it can’t keep the application in abeyance.
3. Considering the submission of the learned counsel for the petitioner, this court is passing the following:
ORDER
i. The writ petition is disposed of, directing the trial court to consider the application filed under Order VII Rule 11 of CPC in accordance with law as expeditiously as possible.
ii. Pending IAs., in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS,List No.: 1 Sl No.: 70