Mr Mohammed Khasim Jane Alias Mohammed Khasim Saheb Vs Sri K.Narayana Reddy — Karnataka HC (2025) — LawSathi Research

Mr Mohammed Khasim Jane Alias Mohammed Khasim Saheb Vs Sri K.Narayana Reddy — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty as prayed for in counsel's memo, viz. liberty to file application under Section 10 of CPC for stay of suit before the Commercial Court; Civil Petition dismissed as drawn.

Issue for consideration

Whether the Court should order transfer of COM.OS No.1605/2024, pending before the LXXXIV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court), CCH-85, to the VIII Additional City Civil and Sessions Judge, Bengaluru, CCH-15, where O.S.No.3571/2013 between the same parties is pending, and dispose of both cases in accordance with law.

Ratio / Principle

After partial arguments, acting on the memo filed by Sri Irshad Ahmad, learned counsel for the petitioners (seeking dismissal with liberty to file an application under Section 10 of CPC for stay of suit before the Commercial Court), the Court placed the memo on record and the Civil Petition stands dismissed as drawn with liberty as prayed for; the Section 24 CPC transfer prayer was not adjudicated on merits.

Detailed headnote1 paragraphs

Karnataka High Court, Bengaluru (V Srishananda J.), Civil Petition No. 215 of 2025, decided 27.10.2025 - Transfer petition under Section 24 CPC dismissed on counsel's memo. Eight petitioners (family of Mohammed Khasim Jane) filed this Civil Petition under Section 24 of CPC praying for transfer of COM.OS No.1605/2024, pending before the LXXXIV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court), CCH-85 (between Mr. K. Narayan Reddy v/s Mr. Mohammed Khassim Jane and others), to the VIII Additional City Civil and Sessions Judge, Bengaluru, CCH-15, where O.S.No.3571/2013 (between Mr. Mohammed Khassim Jane and others v/s K Narayan Reddy and another) was pending, and for disposal of both cases in accordance with law. Respondents: K Narayana Reddy; Venkata Saravan Kumar Reddy; M/s. India Bulls Housing Finance Ltd./Samman Capital Limited; Elite IIT Coaching Centre; AK Fashions. Notice to R4 was dispensed with and R5 stood served and unrepresented vide order dated 14.10.2025. After addressing arguments for sometime, counsel Sri Irshad Ahmad filed a memo praying that the petition be dismissed with liberty to file an application under Section 10 of CPC for stay of suit before the Commercial Court. Placing the memo on record, the Court dismissed the Civil Petition as drawn with liberty as prayed for. The transfer question was not adjudicated on merits and no precedent was invoked.

1 - NC: 2025:KHC:42848 CP No. 215 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL PETITION NO. 215 OF 2025

BETWEEN:

MR MOHAMMED KHASIM JANE ALIAS MOHAMMED KHASIM SAHEB S/O LATE. MOHAMMED IMAM SAHEB, AGED ABOUT 74 YEARS,

MRS. K. SHARFUNNISA, W/O MR. MOHAMMED KHASIM JANE@ MOHAMMED KHASIM SAHEB, AGED ABOUT 68 YEARS.

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

MR. MOHAMMED MUSTAQ. S/O MR. MOHAMMED KHASIM JANE @ MOHAMMED KHASIM SAHEB, AGED ABOUT 55 YEARS

MR. MOHAMMED YUSUF, S/O MOHAMMED MUSHTAQ AGED ABOUT 21 YEARS, NOW AGED ABOUT 20 YEARS

MR. MOHAMMED THOFIA, S/O MOHAMMED MUSHTAQ, AGED ABOUT 19 YEARS

NOW AGED ABOUT 18 YEARS

2 - NC: 2025:KHC:42848 CP No. 215 of 2025

HC-KAR

MRS. SABHA, D/O MOHAMMED MUSHTAQ. AGED ABOUT 18 YEARS,

MR. MOHAMMED SALEEM S/O MOHAMMED KHASIM, AGED ABOUT 51 YEARS,

MR. MOHAMMED MOINUDDIN S/O MOHAMMED KHASIM, AGED ABOUT 43 YEARS

ALL ARE RESIDING AT NO. 1731, SAMPIGE ROAD, MALLESHWARAM, BANGALORE - 560 003

…PETITIONERS

(BY SRI. IRSHAD AHMED K., ADVOCATE)

AND:

SRI K NARAYANA REDDY S/O VENKATAREDDY, AGED ABOUT 82 YEARS, R/AT NO. 180, MADHU NIVAS, 5^TH CROSS, BHARDRAPPA LAYOUT, BANGALORE - 560 094.

SRI. VENKATA SARAVAN KUMAR REDDY. S/O NARAYANA REDDY, AGED ABOUT 52 YEARS, R/AT NO. 180, MADHU NIVAS, 5^TH CROSS, BHARDRAPPA LAYOUT, BANGALORE - 560 094

M/S. INDIA BULLS HOUSING FINANCE LTD., SAMMAN CAPITAL LIMITED

3 - NC: 2025:KHC:42848 CP No. 215 of 2025

HC-KAR

HAVING ITS BRANCH OFFICE AT NO.87/6, RICHMOND ROAD, SHANTHALA NAGAR RICHMOND TOWN, BENGALURU - 560 025, REPRESENTED BY ITS BRANCH MANAGER,

ELITE IIT COACHING CENTRE REPRESENTED BY ITS BRANCH MANAGER, IN FIRST AND SECOND FLOOR, PROPERTY BEARING NO.283, SAMPIGE ROAD, BETWEEN 17^TH AND 18^TH CROSS, MALLESHWARAM, BENGALURU - 560 003

AK FASHIONS REPRESENTED BY ITS PROPRIETOR, STILT FLOOR IN PROPERTY BEARING NO.283, SAMPIGE ROAD, BETWEEN 17^TH AND 18^TH CROSS, MALLESHWARAM, BENGALURU - 560 003

…RESPONDENTS

(BY SRI. V. SHIVAKUMAR, ADVOCATE FOR R1 AND R2 SRI. PREETHA BHARATHI, ADVOCATE FOR R3 R5 IS SERVED AND UNREPRESENTED VIDE ORDER DATED 14.10.2025, NOTICE TO R4 IS DISPENSED WITH)

THIS CP IS FILED UNDER SECTION 24 OF CPC, PRAYING TO ORDER TO TRANSFER COM.OS NO.1605/2024 PENDING IN THE COURT OF THE LXXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (COMMERCIAL COURT) CCH-85 BETWEEN MR. K. NARAYAN REDDY V/S MR. MOHAMMED

4 -

NC: 2025:KHC:42848 CP No. 215 of 2025

HC-KAR

KHASSIM JANE AND OTHERS AND TRANSFER TO THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-15 WHERE O.S.NO.3571/2013 IS PENDING BETWEEN MR. MOHAMMED KHASSIM JANE AND OTHERS V/S K NARAYAN REDDY AND ANOTHER TRY AND DISPOSE OF BOTH THE CASES IN ACCORDANCE TO THE LAW AND GRANT SUCH OTHER RELIEF OR RELIEFS AS HONBLE COURT DEEM-FIT IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

After addressing the arguments for sometime, Sri Irshad Ahmad, learned counsel for the petitioner, files a memo which reads as under :

"The petitioner submits that the petitioner is liberty to file application under Section 10 of CPC for stay of suit before Commercial Court.

Therefore petitioner prays that Hon'ble Court be pleased to dismiss the petition with liberty to file memorandum of appeal under Section 10 of CPC before Commercial Court in the interest of justice and equity."

5 -

NC: 2025:KHC:42848 CP No. 215 of 2025

HC-KAR

Placing the memo on record, Civil Petition stands

dismissed as drawn with liberty as prayed for.

Sd/(V SRISHANANDA) JUDGE

SNC List No.: 1 Sl No.: 6 CT-SG