M/S G a D Developers Vs M Asadulla Khan

M/S G A D DEVELOPERS HAVING ITS REGD. OFFICE AT NO.20/7, 1^ST FLOOR, SRI JAYA RAJA COMPLEX, 24^TH MAIN ROAD, 19^TH CROSS, SRI KANTESHWARA LAYOUT, J.P. NAGARA, 5^TH PHASE, BENGALURU-560078

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REP. BY ITS PARTNERS,

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A) MR. AYUB AHAMED, AGED ABOUT 49 YEARS, S/O ABDUL BASHEER

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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B) ATEEQ UR RAHAMAN SHARIFF, AGED ABOUT 42 YEARS, S/O GHOUSE SHARIFF.

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…PETITIONER

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(BY SRI. KHALEEMULLA SHARIF, ADVOCATE FOR SRI. HUSSAIN MUEEN FAROOQ, ADVOCATE)

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AND:

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M ASADULLA KHAN AGED ABOUT 55 YEARS, S/O M MOOSA KHAN

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SMT. NAZNEEN KHANAM AGED ABOUT 52 YEARS,

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2 -

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NC: 2025:KHC:36227 WP No. 26824 of 2025

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HC-KAR

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W/O M ASADULLA KHAN,

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UMAIR KHAN AGED ABOUT 33 YEARS, S/O M ASADULLA KHAN,

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ARAFA KHAN AGED ABOUT 31 YEARS, S/O M ASADULLA KHAN

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ALL ARE R/AT NO.10, 3^RD CROSS, LUCKY LAYOUT, J P NAGARA, 5^TH PHASE, PUTTENAHALLI, BENGALURU-560078

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THE COMMISSIONER OF POLICE BENGALURU CITY, OPPOSITE SPARSHA HOSPITAL, NO. 01, INFANTRY ROAD, BENGALURU-560001

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THE INSPECTOR OF POLICE (SHO) NEAR INCHARA HOTEL, PUTTENAHALLI ROAD, K R LAYOUT, J P NAGAR, 5^TH AND 6^TH PHASE, BENGALURU-560078

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, AGA FOR R5 & R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE DIRECTION TO RESPONDENTS NOS.5 AND 6 DIRECTING THEM TO CONSIDER THE REPRESENTATION OF THE PETITIONERS PRODUCED AT ANNEXURE E DATED 22/08/2025 GIVEN TO THEM TO GIVE POLICE PROTECTION IN THE LIGHT OF THE ORDERS OF THE LEARNED CIVIL JUDGE BY ISSUING A WRIT OF MANDAMUS. B) ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION PENDING DISPOSAL OF THE ABOVE WRIT PETITION, THIS HONBLE COURT MAY KINDLY BE PLEASED TO DIRECT THE RESPONDENTS NOS.5

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3 - NC: 2025:KHC:36227 WP No. 26824 of 2025

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HC-KAR

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AND 6 TO PREVENT THE RESPONDENTS NO.1 TO 4 FROM INTERFERING WITH THE ACTIVITIES OF THE PETITIONERS IN THE PROPERTIES GIVEN IN THE SCHEDULE BELOW AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner, a Developer represented by its partners, seeks directions to the jurisdictional Police to consider representation and to extend protection. The petitioner relies upon an ex-parte interim order granted by the civil Court in O.S.No.5632/2025 on the file of the XXXIX Additional City Civil and Sessions Judge, Bengaluru. Mr. Khaleemulla Sharif, the learned counsel for the petitioner, submits that the civil Court has granted the interim order on 06.08.2025 restraining the private respondents from indulging in unlawful or criminal activities, and as such, this Court's intervention to the jurisdictional Police would be justified.

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4 - NC: 2025:KHC:36227 WP No. 26824 of 2025

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HC-KAR

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These circumstances are considered, and this Court is of the view that if there is any disobedience with the ex-parte interim orders granted by a civil Court, the petitioner must approach the civil Court and seek its intervention. This would be just and reasonable as the civil Court is seized of all the circumstances as presented for consideration and if the civil Court indeed directs the Police to implement and there is any lax in compliance notwithstanding the procedure that is contemplated under the Circular dated 14.11.2018, then the petitioner must approach this Court under Article 226 of the Constitution of India.

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In view of the afore, the petition, subject to all just exceptions, stands disposed of.

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Sd/(B M SHYAM PRASAD) JUDGE

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RB

M/S G a D Developers v. M Asadulla Khan

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M/S G a D Developers v. M Asadulla Khan

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