Muzammimulla Vs Prestige Jindal City Apartment… — Writ and Judicial Review | Karnataka HC (2025)

Muzammimulla Vs Prestige Jindal City Apartment… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of: interim protection continued for three weeks; trial court directed to decide the Order XXXIX Rules 1 and 2 CPC temporary injunction application within three weeks after hearing the parties; all contentions of the parties left open.

Issue for consideration

Whether the order dated 14.08.2025 of the Civil Judge and JMFC, Nelamangala in O.S.No.377/2025, whereby the petitioner's temporary injunction application under Order XXXIX Rules 1 and 2 CPC was not considered and only emergent notice was issued, was liable to be set aside. +1 more

Court's answer

The concerned (trial) Court shall, within the next three weeks from receipt of a copy of the order, hear the parties and pass necessary orders in accordance with law answering the application under Order XXXIX Rules 1 and 2 of the CPC.

Ratio / Principle

The interim order granted by this Court shall continue for a period of three (3) weeks.

Key takeaways

All contentions urged in the petition by any of the parties are left open to be urged before the concerned Court; the petition is disposed of with these observations.ratio¶54

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Articles 226 and 227 of the Constitution of India by a flat owner of Prestige Jindal City against the order dated 14.08.2025 of the Civil Judge and JMFC, Nelamangala in O.S.No.377/2025, whereby his temporary injunction application under Order XXXIX Rules 1 and 2 CPC (concerning alleged construction in the 'Tree Park' area) was not considered and only emergent notice was issued. The High Court, noting it had earlier protected the petitioner's interest by orders dated 22.08.2025 and 02.09.2025, continued the interim order for three weeks and directed the trial court to pass necessary orders in accordance with law on the injunction application within three weeks of receiving a copy of the order, leaving all contentions of the parties open. Petition disposed of accordingly (M.Nagaprasanna, J.).

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NC: 2025:KHC:35711 WP No. 25285 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 25285 OF 2025 (GM-CPC)

BETWEEN:

MUZAMMIMULLA S/O MOHSIN MULLA AGE 38 YEARS FLAT NO.13233, PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE - 560 073

…PETITIONER

(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)

AND:

Digitally signed by NAGAVENI Location: High Court of Karnataka

PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION OWNERS ASSOCIATION RESPRESNTED BY ITS PRESIDENT OFFICE AT PRESTIGE JINDAL CITY, TUMKUR MAIN ROAD CHIKKABIDARAKALLU VILLAGE DASANAPURAHOBLI, NELMANGLA TALUK BANGALORE - 560 073.

M/S PRESTIGE SOUTH CITY HOLDINGS A PARTNERSHIP FIRM ACTING THROUGH

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NC: 2025:KHC:35711 WP No. 25285 of 2025

HC-KAR

MANAGING PARTNER

M/S PRESTIGE ESTATES PROJECTS LTD. REPRESENTED BY ITS DIRECTOR/ AUTHORIZED SIGNATORY OFFICE AT THE FALCON HOUSE NO.1, MAIN GUARD CROSS ROAD BANGALORE - 560 001.

PRESTIGE JINDAL ALUMINIUM LIMITED REP BY ITS MANAGING DIRECTOR OFFICE AT JINDAL NAGAR, TUMKUR ROAD

BANGALORE - 560 073

…RESPONDENTS

(BY SRI. KARTHIKEYA KHANNA, ADV. FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 14.08.2025 PASSED BY CIVIL JUDGE AND JMFC, NELAMANGALA IN O.S NO.377/2025 VIDE ANNEXURE-A, ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE DEFENDANTS/RESPONDENTS OR ANY OTHER PERSONS DULY ASSIGNED BY THEM TO NOT TO PUT UP ANY CONSTRUCTION IN THE SUIT SCHEDULE PROPERTY (TREE PARK AREA) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:35711 WP No. 25285 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court, seeking the following

prayer:

"(a) ISSUE WRIT IN THE NATURE OF CERTIORARI by setting aside the order dated 14.08.2025 passed by Civil Judge and JMFC, Nelamangala in O.S No.377/2025 vide Annexure-A.

(b) ISSUE WRIT IN THE NATURE OF MANDAMUS by directing the defendants/Respondents or any other persons duly assigned by them to not to put up any construction in the suit schedule property (Tree Park area).

(c) ISSUE WRIT IN THE NATURE OF MANDAMUS by directing the respondent authorities to take appropriate steps to ensure peaceful co-existence in the Prestige Jindal City Apartment by allowing each and every individual from every community to enjoy the "Tree Park" premises.

(c) to grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and in the circumstances of the present case in the interest of justice and equity."

2. Heard Sri. Rahamathulla Kothwal, learned counsel

appearing for the petitioner, Sri. Karthikeya Khanna, learned counsel appearing for respondent No.1 and have perused the material on record.

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NC: 2025:KHC:35711 WP No. 25285 of 2025

HC-KAR

The petitioner institutes a suit in O.S.No.377/2025

and seeks an order of temporary injunction in answer to an application under Order XXXIX Rules 1 and 2 of the CPC. The said application having not been considered, but only emergent notice issued, had driven the petitioner to this court in the subject petition.

This Court had in order to protect the interest of the petitioner, granted an order on 22.08.2025 and again on 02.09.2025. The respondents are now served.

Therefore, it is for the Court to pass necessary

orders in accordance with law after hearing the parties under Order XXXIX Rules 1 and 2 of the CPC. The interim order now granted shall continue for a period of three (3) weeks. The concerned Court shall in the next three (3) weeks from the date of receipt of a copy of the order and pass necessary orders in accordance with law answering the application under Order XXXIX Rules 1 and 2 of the CPC.

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NC: 2025:KHC:35711 WP No. 25285 of 2025

HC-KAR

With the aforesaid observations, the petition stands

disposed.

All contentions urged in the petition of any of the parties shall remain open to be urged before the concerned Court.

Ordered accordingly.

Sd/(M.NAGAPRASANNA) JUDGE

SJK List No.: 1 Sl No.: 0 CT-SG