Disposed¶45

Smt Sharfunnisa v. M/S Rehamaniya Education Trust (R)

Karnataka HC3 Feb 2026WP/33748/2025

Case brief

AI extract

What is this about?

Article 227 writ petition (GM-CPC) seeking writ of mandamus for time-bound disposal of an Order 39 Rule 4 CPC application (I.A.No.9, Annexure-E) to vacate an ad interim ex parte temporary injunction; Karnataka High Court directs the Trial Court to decide the vacation application in accordance with law within one month from 05.03.2026; addresses delay and unreasonable adjournments in deciding interim-injunction vacation applications; Davangere District, Chennagiri Taluk; petitioners versus Rehamaniya Education Trust(R); no precedent cited.

What did the court decide?

Direction to the Trial Court to dispose of the application for vacating temporary injunction (I.A.No.9 under Order 39 Rule 4 CPC, Annexure-E) in accordance with law within one month from 05.03.2026; the petition stands disposed of subject to that direction. ¶45

Smt Sharfunnisa Vs M/S Rehamaniya Education Trust… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:5974 WP No. 33748 of 2025

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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 3^RD DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 33748 OF 2025 (GM-CPC)

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BETWEEN:

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SMT SHARFUNNISA WIFE OF LATE SHEK AHAMMED AGED ABOUT 70 YEARS, RESIDING AT MAIN ROAD, NALLURU CHENNAGIRI TALUK, DAVANGERE DISTRICT. PIN CODE 577213.

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI SHEK JABEER SON OF LATE SHEK AHAMMED AGED ABOUT 63 YEARS, RESIDING AT MAIN ROAD, NALLURU CAMP, CHENNAGIRI TALUK, DAVANGERE DISTRICT. PIN CODE 577213

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SRI SHEK IMTIYAZ, SON OF LATE SHEK AHAMMED AGED ABOUT 51 YEARS,

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RESIDING AT MAIN ROAD, NALLURU CAMP, CHENNAGIRI TALUK, DAVANGERE DISTRICT. PIN CODE 577213

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2 - NC: 2026:KHC:5974 WP No. 33748 of 2025

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HC-KAR

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SRI SHEK RIYAZ

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SON OF LATE SHEK AHAMMED AGED ABOUT 44 YEARS, RESIDING AT MAIN ROAD, NALLURU CAMP, CHENNAGIRI TALUK, DAVANGERE DISTRICT PIN CODE 577213

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SRI SHEK MUNEER SON OF LATE SHEK AHAMMED AGED ABOUT 51 YEARS, RESIDING AT MAIN ROAD, NALLURU CAMP, CHENNAGIRI TALUK, DAVANGERE DISTRICT. PIN CODE 577213

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SRI. H.KHALEEL AHAMAD, SON OF LATE SHEK AHAMMED AGED ABOUT 51 YEARS, RESIDING AT MAIN ROAD, NALLURU CAMP, CHENNAGIRI TALUK, DAVANGERE DISTRICT. PIN CODE 577213

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…PETITIONERS

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(BY SRI. P.M. GOPI, ADV. FOR SRI. P.M.SIDDAMALLAPPA., ADVOCATE)

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AND:

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M/S REHAMANIYA EDUCATION TRUST(R) REP. BY SMT. NASEEMA PARVEEN, WIFE OF NYAMATH ULLA, AGED ABOUT 36 YEARS,

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NC: 2026:KHC:5974 WP No. 33748 of 2025

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HC-KAR

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RESIDING AT REHAMANIYA EDUCATION TRUST NALLURU, CHENNAGIRI TALUK, DAVANGERE DISTRICT-577 213.

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…RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO DISPOSE OF THE APPLICATION IA NO. 9 UNDER ORDER 39 RULE 4 OF CPC AS PER ANNEXURE-E WITHIN A REASONABLE TIME.

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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 S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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"a) Issue a writ of mandamus directing the Trial Court to dispose of the application I.A.No.9 under Order 39 Rule 4 of CPC as per Annexure-E within a reasonable time to avoid unreasonable adjournments;

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b) To grant such other reliefs as this Hon'ble Court may deem fit under the facts and circumstances of the case in the interest of justice."

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4 - NC: 2026:KHC:5974 WP No. 33748 of 2025

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HC-KAR

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Heard the learned counsel for the petitioners and the

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learned counsel for the respondent and perused the material on record.

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Learned counsel for the petitioners submits that the Trial Court having passed an ad interim ex parte order of temporary injunction against the petitioners / defendants, the petitioners have filed an application under Order XXXIX Rule 4 CPC seeking vacating of the said order, which has not been considered by the Trial Court even till today and as such, the petitioners are before this Court by way of the present petition seeking appropriate directions to the Trial Court.

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In view of the aforesaid facts and circumstances and the undisputed fact that the application for vacating temporary injunction filed by the petitioners is still pending consideration before the Trial Court before whom the matter stands posted on 05.03.2026, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of the application for vacating temporary injunction filed by the petitioners, in accordance with law within a period of one month from 05.03.2026.

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NC: 2026:KHC:5974 WP No. 33748 of 2025

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HC-KAR

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