Mr Syed Sayeed Ahmed Vs Smt J Prem Kumari

MR SYED SAYEED AHMED S/O MR SYED DASTHAGIR HUSSAIN R/AT 46 9^TH CROSS, CANARA RESIDENCY LAYOUT, HARAPPANAHALLI VILLAGE, JIGANI HOBLI, BENGALURU RURAL DISTRICT-560 105.

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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REPRESENTED BY HIS GPA HOLDER MR.KHALEEL ULLA SHARIEF S/O. MR.AHMED SHARIEF, AGED ABOUT 57 YEARS, RESIDING AT NO.867, 9^TH MAIN MICO LAYOUT, BTM 2^ND STAGE, BENGALURU - 560 076. (NOTE: SENIOR CITIZEN BENEFIT NOT CLAIMED)

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…PETITIONER

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(BY SRI.P.PRASANNA KUMAR., ADVOCATE)

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AND:

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SMT J PREM KUMARI W/O SRI T MOHAN D/O SRI C JAYARAJ AGED ABOUT 54 YEARS R/AT 2223 (OLD NO.1529/28),

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NC: 2026:KHC:2187 WP No. 20180 of 2025

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HC-KAR

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39^TH F CROSS, 4^TH T BLOCK JAYANAGAR BENGALUR-560 041.

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…RESPONDENT

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(BY SMT.KAVYASHREE.K., ADVOCATE FOR SRI.T.SESHAGIRI RAO., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED JUDGEMNT AND ORDER DTD. 03.06.2025 PASSED BY THE HONBLE PRL SENIOR CIVIL JUDGE AND JMFC, ANEKAL IN MA NO.39/2025 ON I.A.NO.1 UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF THE CPC PRODUCED AS ANNX-A AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition the petitioner seeks the following reliefs:

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a) Issue a Writ of Certiorari and set aside the impugned judgment and order dated 03.06.2025 passed by the Hon'ble Prl. Senior Civil Judge and JMFC, Anekal in M.A.No.39/2025 on I.A.No.1 under order XXXIX rule 1 and 2 read with section 151 of the CPC produced as Annexure-A and;

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b) Consequently confirm the order dated 17.04.2025, passed by the Hon'ble Prl. Civil Judge and JMFC, Anekal in O.S.No.759/2024, on I.A.No1 under order XXXIX rule 1 and

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HC-KAR

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2 read with Section 151 of the CPC produced as part of Annexure-T.

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c) Grant such other and further relief/s as this Hon'ble Court deems fir in the interest of justice and equity.

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Heard learned counsel for the petitioner, learned

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counsel for respondent and perused the material on record.

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The petitioner is the defendant in O.S.No.759/2024, which was instituted by the respondent/ plaintiff against the petitioner/ defendant for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable property. Along with the said suit, the respondent/ plaintiff having filed an application for temporary injunction in I.A.No.1 which was opposed by the petitioner/ defendant, the Trial Court passed an order dated 17.04.2025, partly allowing the application for temporary injunction. Aggrieved by the same, the respondent/ plaintiff filed an appeal in M.A.No.39/2025 which was allowed by the First Appellate Court which reads as under:

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"ORDER

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The appeal filed by the appellant/ plaintiff U/o 43 Rule 1(r) of CPC is hereby allowed.

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NC: 2026:KHC:2187 WP No. 20180 of 2025

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HC-KAR

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Consequently the impugned order dated 17.04.2025 on IA No.1 U/o 39 Rule 1 & 2 R/w. Sec.151 of CPC in OS No.759/2024 on the file of learned Prl. Civil Judge & JMFC, Anekal is hereby modified.

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IA No.1 filed by the plaintiff/ appellant U/o 39 Rule 1 & 2 R/w. Sec.151 of CPC in OS No.759/2024 on the file the learned Prl. Civil Judge and JMFC, Anekal is hereby allowed.

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The defendant is hereby restrained by an order of temporary injunction from putting up illegal construction in and over the suit 'B' schedule property till disposal of the suit.

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Office to send copy of the judgment to the trail court forthwith."

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By final order dated 14.01.2026 this Court has disposed of the connected Writ Petition No.26219/2024 as hereunder:

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"ORAL ORDER

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In this petition the petitioner seeks the following reliefs:

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i. To issue a Writ of Mandamus or any other order or direction or any other Writ, directing the respondent No.3 to consider the representation dated 20.08.02024, tendered by the petitioner found at Annexure-A to the Writ Petition.

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HC-KAR

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ii. Grant such other relief/s as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.

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2. Heard learned counsel for the petitioner, learned counsel for respondents and perused the material on record.

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3. The limited direction/ request sought for in the present petition is for a direction to the respondent No.3 - Anekal Planning Authority to consider the representation at Annexure-A dated 20.08.2024 submitted by the petitioner and to proceed further in accordance with law.

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4. Learned counsel for the respondent No.4 submits that while considering the representation dated 20.08.2024 submitted by the petitioner, the third respondent - Anekal Planning Authority may provide an opportunity to the respondent No.4 to put forth his claim and also to proceed further in accordance with law.

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5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the third respondent - Anekal Planning Authority to consider the representation of the petitioner at Annexure-A dated 20.08.2024 and proceed further by providing sufficient and reasonable opportunity to the petitioner as well as respondent No.4 who would be entitled to put forth their respective representations, documents,

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HC-KAR

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pleadings etc., before the third respondent, who shall thereafter proceed further in accordance with law.

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6. In order to enable compliance of this order, the petitioner and respondent No.4 shall appear before the respondent No.3 - Anekal Planning Authority on 02.02.2026, without awaiting further notice from the respondent No.3. On that day that is on 02.02.2026 petitioner and respondent No.4 are at liberty to submit pleadings, documents, representations, applications etc., which shall be considered by the respondent No.3 who shall hear both petitioner and respondent No.4 and proceed further in accordance with law.

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7. Subject to aforesaid directions petition stands disposed of ."

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In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition, without interfering with the impugned order passed by the First Appellate Court and by directing the Trial Court to dispose of the suit as expeditiously as possible and bearing in mind orders to be passed by the Anekal Planning Authority pursuant to the aforesaid order in W.P.No.26219/2024 dated 14.01.2026 passed by this Court and in accordance with law. All rival contentions on all aspects of the matter are kept open and the Trial Court shall dispose of the suit without being influenced by the findings and observations recorded

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