Disposed¶49

Mrs. Safiya v. Mr. K Shabir

Karnataka HC2 Jul 2026WP/18928/2026

Case brief

AI extract

What is this about?

High Court of Karnataka, WP No. 18928 of 2026 (GM-CPC), disposed 02.07.2026 by Lalitha Kanneganti J. Mandamus under Article 227 to compel II Addl Senior Civil Judge & CJM Mangaluru to decide pending interim injunction application I.A.No.II dt. 31.10.2025 under Order XXXIX Rules 1 and 2 r/w Section 151 CPC; injunction granted 10.11.2025; objections filed by 24.11.2025; repeated adjournments extending interim order without reasons; Registrar (Judicial) directed to report; I.A.Nos.2 and 3 disposed 01.07.2026; petition disposed as moot, I.As. closed. No precedents cited; no quantum involved.

What did the court decide?

None beyond disposal; the grievance became moot because the trial court disposed of I.A.Nos.2 and 3 on 01.07.2026, and all I.As. in the writ petition were ordered closed. ¶49

Mrs. Safiya Vs Mr. K Shabir — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

None beyond disposal; the grievance became moot because the trial court disposed of I.A.Nos.2 and 3 on 01.07.2026, and all I.As. in the writ petition were ordered closed.

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Issue for consideration

Whether the II Additional Senior Civil Judge and CJM, Mangaluru should be directed, by way of writ of mandamus under Article 227, to dispose of the pending interim injunction application (I.A.No.II dated 31.10.2025) which had been repeatedly adjourned with extensions of the interim order and without reasons.

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Court's answer

On 24.06.2026 this Court directed the Registrar (Judicial) to call for a report from the concerned as to why I.A.No.II was kept pending from December 2025 even after the defendants filed their objections and repeatedly appeared on the listed dates.

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Ratio / Principle

Since the interim-injunction application stood disposed of (learned counsel for the petitioner did not dispute that the I.A. was disposed of), nothing survived for consideration in the writ petition, which was accordingly disposed of.

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Detailed headnote1 paragraphs

Writ petition (GM-CPC) under Article 227 of the Constitution by Mrs. Safiya seeking a writ of mandamus directing the II Additional Senior Civil Judge and CJM, Mangaluru, to dispose of I.A.No.II dated 31.10.2025, the plaintiffs' application under Order XXXIX Rules 1 and 2 r/w Section 151 CPC for interim injunction. Interim injunction had been granted on 10.11.2025; the defendants entered appearance and filed written statements and objections by 24.11.2025; thereafter the trial court extended the interim order and adjourned on 08.01.2026, 21.01.2026, 30.01.2026, 09.02.2026, 12.03.2026, 16.04.2026 and 11.06.2026 without deciding the I.A. or giving reasons. On 24.06.2026 this Court directed the Registrar (Judicial) to call for a report as to why I.A.No.II was kept pending from December 2025. The learned Judge reported he was giving priority to old matters, that reasons had been omitted inadvertently, and that I.A.Nos.2 and 3 would be disposed of on 01.07.2026. Counsel for the petitioner did not dispute the disposal; nothing survived and the writ petition was disposed of, with all I.As. therein closed. Bench: Hon'ble Smt. Justice Lalitha Kanneganti (oral order, single judge).

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NC: 2026:KHC:33158 WP No. 18928 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18928 OF 2026 (GM-CPC)

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BETWEEN:

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MRS. SAFIYA W/O LATE K. DAWOOD, DIO LATE SABJAN SAHEB. AGED ABOUT 72 YEARS. R/AT HAWABI MANZIL, MARNAMIKATTE. MANGALURU TALUK. DAKSHINA KANNADA DISTRICT-575 002

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…PETITIONER

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(BY SRI. S.RAJASHEKAR, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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MR. K. SHABIR S/O K. BABA SAHEB AGED ABOUT 72 YEARS

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MR. MOHAMMED SABEE S/O K. BABA SAHEB. AGED ABOUT 20 YEARS

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RESPONDENT NO.1 & 2 ARE R/AT D. NO.2-16/28. SHABREEN COTTAGE. BEHIND BIKARNAKATTE MASJID BIKARNAKATTE, PADAVU KULSHEKARA POST MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 005

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2 - NC: 2026:KHC:33158 WP No. 18928 of 2026

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HC-KAR

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MRS. SHAMEEM FAYAZ. W/O MOHAMMED FAYAZ, D/O LATE K. DAWOOD, AGED ABOUT 52 YEARS, R/AT FLAT NO.603. P.B. RESIDENCY, E.S.I. ROAD, BENDORWELL, MANGALURU TALUK, HAWABI MANZIL, MARNAMIKATTE. MANGALURU DAKSHINA KANNADA DISTRICT-575 002

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MRS. SHAHIN SIRAJ SAYYED W/O SIRAJ SAYYED, D/O LATE K. DAWOOD, AGED ABOUT 47 YEARS. R/AT NO.201, EJAZ MAHAL NAYANAGAR, NEAR CENTURY PARK. MIRA ROAD, EAST, THANE. MAHARASTRA STATE

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MRS. SUMAYYA EJAZ. W/O EJAZ AHMED. D/O LATE K. DAWOOD, AGED ABOUT 45 YEARS. R/AT HAWABI MANZIL MARNAMIKATTE MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 002

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MRS. AYESHA ZAKEER W/O MOHAMMED ZAKEER AGED ABOUT 44 YEARS, R/AT FLAT NO.301, BLOCK NO.C. 3^RD FLOOR, HISGRACE APARTMENTS, HAT HILL, MARTINE PAIS ROAD, LALBHAG, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-575 006

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MRS. SAMIYA SHABBIR, W/O SHABBIR MOHAMMED, D/O LATE K. DAWOOD,

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3 - NC: 2026:KHC:33158 WP No. 18928 of 2026

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HC-KAR

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AGED ABOUT 41 YEARS, R/AT HAMEO TITANIA, 4^TH FLOOR, OPP R.L. HALL, PANDESHWARA, MANGALURU TALUK

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MR. SHERAJ AHMED, S/O ASULA SHABBIR, AGED ABOUT 29 YEARS, R/AT HAWABI MANZIL, MARNAMIKATTE, MANGALURU TALUK, DAKSHINA KANNADA DIST.-575 002

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…RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE II ADDL SENIOR CIVIL JUDGE AND CJM MANGALURU TO DISPOSE OF THE APPLICATION DTD 31.10.2025 IN IA NO. II FILED BY THE PLAINTIFFS UNDER ORDER XXXIX RULES 1 AND 2 R/W SECTION 151 OF CPC VIDE ANNEXURE-A.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking a writ of mandamus directing the II Additional Senior Civil Judge and CJM, Mangaluru, to dispose of the application dated 31.10.2025 in I.A.No.II, filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC.

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NC: 2026:KHC:33158 WP No. 18928 of 2026

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HC-KAR

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When this matter came up before this Court on 24.06.2026, after hearing the learned counsel for the petitioner, this Court passed the following order:

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"The present petition is filed seeking a direction to the II Additional Senior Civil Judge and CJM, Mangaluru to dispose of the application dated 31.10.2025 in I.A.No.II filed by the petitioner under Order XXXIX Rules 1 and 2 of CPC.

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It is the case of the petitioner that the I.A.No.II was filed seeking interim injunction and the Court has granted injunction on 10.11.2025. Thereafter, all the defendants have entered appearance and filed respective written statements and objections by 24.11.2025 and thereafter, on one pretext or the other, the Court without passing any orders on I.A.No.II, adjourning the matter.

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The learned counsel has drawn the attention of the Court to the order sheet, wherein the matter came up on 08.01.2026, 21.01.2026, 30.01.2026, 09.02.2026, 12.03.2026 16.04.2026 and 11.06.2026. On every occasion the Court has extended the interim order and has failed to consider the objections to the I.A.No.II and it is submitted that when the Court is not deciding the I.A.No.II, the Court has to give reasons, but from the last several occasions, without giving any reason, the Court is adjourning the matter by giving dates. The Registrar (Judicial) is directed to call for a report from the concerned, as to why I.A.No.II is kept pending from December, 2025 even after the defendants filed their objections and repeatedly appearing on the said dates.

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List this matter on 02.07.2026 in List No.1."

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Pursuant to the said order, the report is placed before

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this Court. The report of the learned Judge states that, in view of several directions from the High Court, the learned Judge is

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NC: 2026:KHC:33158 WP No. 18928 of 2026

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HC-KAR

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giving priority to the old matters. It is stated that, due to inadvertence, the reasons were not stated in the order, and I.A.Nos.2 and 3 will be disposed of on 01.07.2026.

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Learned counsel for the petitioner also does not dispute that the I.A. is disposed of. In that view of the matter, nothing survives for consideration in this petition. Hence, this Court is passing the following order:

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ORDER

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i. Accordingly, the writ petition is disposed of .

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ii. All I.As. in this petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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MEG

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List No.: 1 Sl No.: 61

Mrs. Safiya v. Mr. K Shabir

Case brief

What is this about?

What did the court decide?

Mrs. Safiya v. Mr. K Shabir

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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