A Fayeez Ahmed Vs M/S a J Developers — Company and Corporate | Karnataka HC (2025)

A Fayeez Ahmed Vs M/S a J Developers — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:19570 WP No. 4503 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 4503 OF 2025 (GM-CPC)

BETWEEN:

A FAYEEZ AHMED, SON OF LATE A MOHAMMED ISMAIL, AGED ABOUT 67 YEARS, RESIDING AT NO.337-C, IBRAHIM SAHEB STREET, RASHAD NAGAR, ARABIC COLLEGE POST, BANGALORE - 560 004.

REPRESENTED HEREIN BY HIS GPA HOLDER MR. MOHAMMED REHANUL HAQ, SON OF MR. FAYEEZ AHMED. …PETITIONER

(BY SMT. AMRITA SHIVAPRASAD, ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE)

Digitally signed by NAGAVENI Location: High Court of Karnataka

AND:

M/S A.J.DEVELOPERS, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.7, AIYAPPA TEMPLE ROAD, ARAVINDANAGAR, LINGARAJAPURA, BANGALORE - 560 084. THROUGH AND REPRESENTED BY ITS PARTNERS (i) MR. A. AJMAL AND (ii) MRS. SALMA ALSO AT: NO.212, 1^ST STAGE, 4^TH BLOCK, HBR LAYOUT, BANGALORE - 560 043.

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MR. A. AJMAL, SON OF S.A. AHMED, AGED ABOUT 46 YEARS.

MRS. SALMA, WIFE OF AJMAL SHAIKH, AGED ABOUT 36 YEARS.

BOTH RESPONDENT NOS.2 AND 3 RESIDING AT FLAT NO.402, 4^TH FLOOR, A J MUNEERA ENCLAVE NO.59, 1^ST CROSS, LINGARAJAPURAM, ST. THOMAS TOWN POST, BANGALORE - 560 084.

MR. SHAIK KHAJA RIAZOODIN, SON OF SHAIK NOWSHAD, AGED ABOUT 33 YEARS, RESIDING AT NO.216, 8^TH A MAIN ROAD, 3^RD BLOCK, HBR LAYOUT, BANGALORE - 560 043.

MR. MOHAMMED RAFI SAIT, SON OF LATE MR. AHMED SAIT, AGED ABOUT 42 YEARS, RESIDING AT NO.22/7, 5^TH MAIN, 8^TH CROSS, ITI LAYOUT, BENSON TOWN POST, S.K. GARDEN, BANGALORE - 560 046.

MRS. SHAHZAMA BEGUM, WIFE OF MR. SYED AHMED, AGED ABOUT 48 YEARS, RESDIING AT NO.10, 2^ND MAIN, 2^ND CROSS, KUSHAL NAGAR, K G HALLI, A C POST,

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BANGALORE - 560 045.

MR. SHAIK FIAZODDIN, SON OF MR. SHAIK NOWSHAD, AGED ABOUT 27 YEARS, RESIDING AT NO.216, 8^TH MAIN ROAD, 3^RD BLOCK, HBR LAYOUT, BANGALORE - 560 043.

MR. SYED HASHMATHULLA, SON OF MR. SYED HUSSAIN, AGED ABOUT 42 YEARS, RESIDING AT NO.271, THIMMAIAH ROAD, SHIVAJINAGAR, HKP ROAD, BANGALORE - 560 051.

MR.AFROZ JABIR, SON OF UMAR DARAZ, AGED ABOUT 41 YEARS, RESIDING AT NO. 412/A, 15^TH CROSS, GOVINDAPUR ARABIC , COLLEGE POST, BANGALORE - 560 045.

MR. S.J. JAVID SON OF MR. SYED MOHIDEEN NAYEEM AGED ABOUT 55 YEARS RESIDING AT NO. 17/B, DEMONTE STREET, SANTHOME, MYLAPORE, CHENNAI - 600 004.

MR. SYED RAFEEQ JAMAL SON OF MR. SYED JAMAL AGED 40 YEARS, RESIDING AT NO. 120/A NEAR RASHIDIYA MASJID, 3^RD BLOCK, GOVINDAPURA MAIN ROAD BANGALORE - 560 045.

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MR. AHMED YUNUS MEMON SONOF MR. YUNIS HARUN MEMMON AGED 41 YEARS RESIDING AT VSPL VISHWAS GARDENIA APARTMENT PEMME GOWDA STREET, MARAPPA GARDEN, NEAR AQSA MASJID, BANGALORE - 560 046.

MR. IMDAD LPASHA SON OF MR NAWAB JAN AGED ABOUT 44 YEARS RESIDING NO. 33, 8^TH CROSS GOVINDAPURA MAIN ROAD, RASHAD NAGAR, BANGALORE - 560 045.

MR. TAJUDDEEN SON OF MR. BADUSHA AGED ABOUT 42 YEARS, RESIDING AT NO. 460, 2^ND CROSS, 3^RD MAIN, B M LAYOUT, NEAR MECCA MASJID VENKATESHPURM, BANGALORE - 560 077.

MR. ABDUL SUBHAN, SON OF MR. MOHAMMED KHADER, AGED ABOUT 40 YEARS, RESIDING AT NO. 38, 15^TH CROSS, BHUVANESHWARI NAGAR R T NAGAR POST, BANGALORE - 560 032.

MR. AKMAL BASHA SON OF MR. S A AHMED MAJOR, RESIDING AT NO. 1-265/A1 151 MAIN, ALASANTHAM ROAD, BISMILLAH NAGAR, HOSUR - 635 109.

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MR. M ABDUL WAHAB SONOF LATE MR. ABDUL RASHEED AGED ABOUT 55 YEARS RESIDING AT NO. 14 G F SINNOU ELEGANCE, BUDDHA VIHAR ROAD, FRAZER TOWN, BANGALORE - 560 005.

MRS. SAJIDA PARVEEN WIFE OF MR. MOHAMMED ASADULLAH AGED 33 YEARS

MR. MOHAMMED ASADULLAH SONOF MR. SHABBIR AHMED AGED ABOUT 38 YEARS

BOTH RESPONDENT NOS. 18 AND 19 RESIDING AT NO. 163, BRINDAVAN COLONY TOLICHOWKI HYDERABAD - 500 008.

MR. FAHED SHAIKH SONOF MR. ABDUL KARIM SHAIKH, AGED 31 YEARS, RESIDING AT ROOM NO.3 SAYED WADI, VERONICA STREET NEAR K C HALLI, BANDRA WEST MUMBAI - 400 050.

MR. SYED AJMAD PASHA SON OF MR. SYED TAJ PEERAN AGED ABOUT 46 YEARS, RESIDING AT NO. 1901, NEW NO. 18, 8^TH CROSS, SAMADHANA NAGAR, NEAR MARIAMMA TEMPLE, K G HALLI, BANGALORE - 560 045.

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NC: 2025:KHC:19570 WP No. 4503 of 2025

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MRS. SADIYA TARANUM WIFE OF MR. SHAFIR AHMED AGED ABOUT 45 YEARS, RESIDING AT NO. 4, 1^ST MAIN ROAD, L R BADE, MUNIVEERAPP LAYOUT, BANGALORE - 560 032.

THE JAMMU AND KASHMIR BANK LIMITED IS A SCHEDULED BANK AS PER RESERVE BANK OF INDIA, AND REGISTERED AS A GOVERNMENT COMPANY UNDER THE INDIAN COMPANIES ACT 2013 HAVING A BRANCH OFFICE AT NO. 95 GROUDN FLOOR, GOLD SIGNATURE MOSQUE ROAD, FRAZER TOWN BANGALORE - 560 005, REPRESENTED BY ITS MANAGER.

…RESPONDENTS

(BY SRI ABDUL RAZAK, ADVOCATE FOR R4, R6, R7, R9, R11, R13 TO R16, R18 TO R20; R8, R10 AND R22 SERVED - UNREPRESENTED)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION TO THE HON'BLE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU TO CONSIDER THE IA NOS.1 TO 3 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE 1908 BY THE PETITIONER AT ANNEXURE-B, ANNEXURE-C AND ANNEXURE-D IN OS NO.5696 OF 2023 AND PASS ORDERS IN A TIME BOUND MANNER, AND TO PASS ANY SUCH OTHER ORDERS AND DIRECTIONS AS THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following prayer:

"In the circumstances, the Petitioner pray that this Hon'ble Court be pleased, in the interests of justice and equity, to issue a direction to the Hon'ble XXXIX Additional City Civil and Sessions Judge at Bangalore to consider the IA Nos.1 to 3 filed under Order XXXIV Rules 1 and 2 of the Code of Civil procedure 1908 by the petitioner at ANNEXURE-B, ANNEXURE-C and ANNEXURE-D in OS No.5696 of 2023 and pass orders in a time bound manner, and to pass any such other orders and directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

The petitioner is the plaintiff along with O.S.No.5696/2023 files an application in I.A.Nos.1 to 3 under

Order XXXIV Rules 1 and 2 of CPC seeking temporary injunction. The said applications are pending even as on date and no orders are passed by the concerned Court.

In that light, the aforesaid direction is sought in the light of the prayer being innocuous and the act of the Court in keeping the application pending for the last twenty-four (24) months is what shocks the Court.

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Therefore, the Court shall pass appropriate order on

the said applications filed under Order XXXIV Rules 1 and 2 of CPC within an outer limit of fifteen (15) days from the date of receipt of copy of this Order.

Ordered accordingly.

Sd/(M.NAGAPRASANNA)

JUDGE

CPN List No.: 1 Sl No.: 97 CT: BHK