Full Judgment Text
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 35636 OF 2025 (GM-CPC)
BETWEEN:
1. MR. CHAND BHASA
AGED ABOUT 52 YEARS
SON OF LATE C.K.KAREEMSAB,
R/AT NO.9, NEAR C.M.C. BHARATHI WINES,
OLD MADRAS ROAD, K.R.PURAM,
BANGALORE-560036
…PETITIONER
(BY SRI. O RAJANNA.,ADVOCATE)
AND:
1. SRI MEHABOOB BASHA.K
S/O LATE C.K.KAREEM SAB,
AGED ABOUT 65 YEARS,
R/AT NO.1357, VIJAYANAGAR,
BANGARPET-563114
Digitally signed
by B LAVANYA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
THIS WP IS FILED PRAYING TO A) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION
QUASHING ANNEXURE-A THE ORDER DATED 08-07-2019
PASSED IN M.A. NO.41/2018 PASSED BY THE SENIOR CIVIL
JUDGE AND PRL. JMFC., KGF AND BE PLEASED TO CONFIRM
THE ORDER PASSED ON IA NO.1 DATED 01-09-2018 IN O.S.
NO.80/2018 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC,
AT BANGARPET, VIDE ANNEXURE-D IN THE INTEREST OF
JUSTICE AND EQUITY.B) GRANT SUCH OTHER RELIEF/S AS
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE
CIRCUMSTANCE OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioner/defendant
Sri.O.Rajanna.
2. During the course of arguments, learned
counsel for the petitioner, who is the defendant in the
original suit, OS.No.80/2018, files a memo seeking for a
direction to be issued to the Learned Additional Civil Judge
and JMFC, Bangarpet, to dispose of the original suit itself
expeditiously. He also contends that he will not press the
prayer 'A' made in this petition and he would be satisfied if
a direction is issued to the trial Court to dispose of the
main suit itself in an expeditious manner.
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
3. The original suit came to be filed by the
respondent/plaintiff against the petitioner/defendant for
the permanent injunction and other consequential reliefs.
Along with the plaint, an application came to be filed by
the respondent/plaintiff under Order XXXIX Rule 1 and 2
read with Section 151 of CPC, which came to be allowed.
The petitioner/defendant was restrained from illegally
interfering with the peaceful possession and enjoyment of
the suit schedule property. This order came to be
challenged by the petitioner/defendant in MA.No.41/2018.
The said appeal came to be dismissed by the Senior Civil
Judge and Principal, JMFC, KGF, confirming the orders
passed in OS.No.80/2018. Though the
petitioner/defendant has challenged the order passed in
M.A.No.41/2018, he has filed a memo that he would be
satisfied if a direction is given to the learned trial judge to
dispose of the main suit expeditiously.
4. Learned counsel for the petitioner/defendant
submits that presently the original suit in OS.No.80/2018
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
is in the stage of cross examination of PW1, and the
petitioner/defendant would not take much time to lead his
evidence. At the most he may take about a month's time.
Be that as it may, sufficient time would have to be granted
to both parties to adduce evidence, cross-examine the
witness, and produce any documents if so advised.
However, this would not mean that the trial Court is
precluded from passing any judgment or order lesser than
8 months.
5. In view of the memo and the submission of
learned counsel for the petitioner Sri.O.Rajanna, this Court
deems it appropriate to direct the trial court to dispose of
the original suit expeditiously as the suit is of the year
2018. Accordingly, I pass the following order.
ORDER
The petition is disposed of.
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
2. A direction is issued to the learned Additional
Civil Judge and JMFC, Bangarpet, to dispose of the original
suit OS.No.80/2018 within an outer limit of 8 months.
3. It is made clear that this Court has not
expressed any opinion on the merits of the matter.
4. Ordered accordingly.
SD/-
(PRADEEP SINGH YERUR)
JUDGE
RCK
List No.: 1 Sl No.: 36
NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 35636 OF 2025 (GM-CPC)
BETWEEN:
1. MR. CHAND BHASA
AGED ABOUT 52 YEARS
SON OF LATE C.K.KAREEMSAB,
R/AT NO.9, NEAR C.M.C. BHARATHI WINES,
OLD MADRAS ROAD, K.R.PURAM,
BANGALORE-560036
…PETITIONER
(BY SRI. O RAJANNA.,ADVOCATE)
AND:
1. SRI MEHABOOB BASHA.K
S/O LATE C.K.KAREEM SAB,
AGED ABOUT 65 YEARS,
R/AT NO.1357, VIJAYANAGAR,
BANGARPET-563114
Digitally signed
by B LAVANYA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENT
THIS WP IS FILED PRAYING TO A) ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION
QUASHING ANNEXURE-A THE ORDER DATED 08-07-2019
PASSED IN M.A. NO.41/2018 PASSED BY THE SENIOR CIVIL
JUDGE AND PRL. JMFC., KGF AND BE PLEASED TO CONFIRM
THE ORDER PASSED ON IA NO.1 DATED 01-09-2018 IN O.S.
NO.80/2018 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC,
AT BANGARPET, VIDE ANNEXURE-D IN THE INTEREST OF
JUSTICE AND EQUITY.B) GRANT SUCH OTHER RELIEF/S AS
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE
CIRCUMSTANCE OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioner/defendant
Sri.O.Rajanna.
2. During the course of arguments, learned
counsel for the petitioner, who is the defendant in the
original suit, OS.No.80/2018, files a memo seeking for a
direction to be issued to the Learned Additional Civil Judge
and JMFC, Bangarpet, to dispose of the original suit itself
expeditiously. He also contends that he will not press the
prayer 'A' made in this petition and he would be satisfied if
a direction is issued to the trial Court to dispose of the
main suit itself in an expeditious manner.
- 3 -
NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
3. The original suit came to be filed by the
respondent/plaintiff against the petitioner/defendant for
the permanent injunction and other consequential reliefs.
Along with the plaint, an application came to be filed by
the respondent/plaintiff under Order XXXIX Rule 1 and 2
read with Section 151 of CPC, which came to be allowed.
The petitioner/defendant was restrained from illegally
interfering with the peaceful possession and enjoyment of
the suit schedule property. This order came to be
challenged by the petitioner/defendant in MA.No.41/2018.
The said appeal came to be dismissed by the Senior Civil
Judge and Principal, JMFC, KGF, confirming the orders
passed in OS.No.80/2018. Though the
petitioner/defendant has challenged the order passed in
M.A.No.41/2018, he has filed a memo that he would be
satisfied if a direction is given to the learned trial judge to
dispose of the main suit expeditiously.
4. Learned counsel for the petitioner/defendant
submits that presently the original suit in OS.No.80/2018
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
is in the stage of cross examination of PW1, and the
petitioner/defendant would not take much time to lead his
evidence. At the most he may take about a month's time.
Be that as it may, sufficient time would have to be granted
to both parties to adduce evidence, cross-examine the
witness, and produce any documents if so advised.
However, this would not mean that the trial Court is
precluded from passing any judgment or order lesser than
8 months.
5. In view of the memo and the submission of
learned counsel for the petitioner Sri.O.Rajanna, this Court
deems it appropriate to direct the trial court to dispose of
the original suit expeditiously as the suit is of the year
2018. Accordingly, I pass the following order.
ORDER
The petition is disposed of.
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NC: 2026:KHC:8623
WP No. 35636 of 2025
HC-KAR
2. A direction is issued to the learned Additional
Civil Judge and JMFC, Bangarpet, to dispose of the original
suit OS.No.80/2018 within an outer limit of 8 months.
3. It is made clear that this Court has not
expressed any opinion on the merits of the matter.
4. Ordered accordingly.
SD/-
(PRADEEP SINGH YERUR)
JUDGE
RCK
List No.: 1 Sl No.: 36