Karnataka High Court
Mr. Farooq Ahmed vs Mr. Toufeeq Ahmed on 4 March, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2026:KHC:13394
WP No. 2015 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 2015 OF 2026 (GM-CPC)
BETWEEN:
1. MR. FAROOQ AHMED
S/O.LATE MOHAMMED INAYATHULLA
AGED ABOUT 60 YEARS
R/AT NO.18/1, BABA LANE
NIZAMUDDIN MOHALLA, MYSORE ROAD
BANGALORE- 560 002.
2. MR. RAFEEQ AHMED
S/O LATE MOHAMMED INAYATHULLA
AGED ABOUT 58 YEARS
R/AT NO.11, SLAUGHTER
HOUSE ROAD, 'B' STREET
SHIVAJINAGAR, BANGALORE - 560 051.
3. MR. KHALID AHMED
Digitally signed by S/O.LATE MOHAMMED INAYATHULLA
DHANALAKSHMI
MURTHY AGED ABOUT 55 YEARS
Location: HIGH R/AT NO.119/32, ANJANEYA
COURTOF TEMPLE STREET CROSS
KARNATAKA Y.G. PALYA, BANGALORE -560 047.
4. MR. SHAKEEL AHMED
S/O.LATE MOHAMMED INAYATHULLA
AGED ABOUT 52 YEARS
R/AT NO.11, SLAUGHTER HOUSE ROAD
'B' STREET, SHIVAJINAGAR
BANGALORE - 560 051.
5. MRS. SAFOORA TAHSEEN
W/O MR. KATUBUDDIN
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NC: 2026:KHC:13394
WP No. 2015 of 2026
HC-KAR
D/O.LATE MOHAMMED INAYATHULLA
AGED 51 YEARS
R/AT NO.119/32, BEHIND PHILOMENA HOSPITAL
ANJANEYA TEMPLE STREET CROSS
6TH CROSS, YELAGUNDAPALYAM
OPP. XAVIER LAYOUT, BANGALORE-47.
6. MRS. AHMEDI BANU
D/O.LATE MOHAMMED INAYATHAULLA
AGED ABOUT 50 YEARS
R/AT NO.11, SLAUGHTER HOUSE ROAD
'B' STREET, SHIVAJINAGAR
BANGALORE - 560 051.
THE PETITIONERS ARE REP. BY GPA HOLDER
MRS. SAFOORA TAHSEEN
W/O MR. KATUBUDDIN
D/O.LATE MOHAMMED INAYATHULLA
AGED 51 YEARS
R/AT NO. 119/32, BEHIND PHILOMENA HOSPITAL
ANJANEYA TEMPLE STREET CROSS
6TH CROSS, YELAGUNDAPALYAM
OPP. XAVIER LAYOUT
BANGALORE 560 047.
...PETITIONERS
(BY SRI. ALLAH BAKASH M., ADVOCATE)
AND:
MR. TOUFEEQ AHMED
S/O EJAZ AHEMED
AGED ABOUT 45 YEARS
R/AT OLD NO.141/31
NEW NO.34, ANJANEYA TEMPLE STREET
YELAGUNDAPALYAM, ASHOK NAGAR
BENGALURU - 560047.
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT,
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NC: 2026:KHC:13394
WP No. 2015 of 2026
HC-KAR
DIRECTION ORDER OR A WRIT OF MANDAMUS TO DECIDE THE
IA NO.2/2023, IN MISC. PETITION NO. 25005/2023 FILED ON
01.02.2023 BY THE PETITIONERS PENDING ON THE FILE OF
28TH ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-29) AT
BANGALORE VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
This writ petition is filed under Article 227 of the Constitution of India, seeking the following relief:
"a. Issue a writ, direction, order or a writ of mandamus, to decide the IA No.2/2023 in Misc. Petition No.25005/2023 filed on 01.02.2023, by the petitioners pending on the file of 28th Addl. City Civil and Sessions Judge (CCH-29) at Bangalore, forthwith viz - Annexure-A;
b. Issue a writ, direction, order or a writ of certiorari quashing the judgment and decree dated 22.03.2014 as obtained by playing fraud passed in O.S.No.26573/2013, on the file of 28th Additional City Civil and Sessions Judge at Bangalore (CCH
29), viz. Annexure-F;
c. Issue a writ, direction, order or a writ of mandamus, to decide the Misc. Petition No.25005/2023, filed on 01.02.2023, by the petitioners pending on the file of the 28th Additional -4- NC: 2026:KHC:13394 WP No. 2015 of 2026 HC-KAR city Civil and Sessions Judge (CCH-29), forthwith, viz. Annexure-D."
2. The respondent herein filed a suit for specific performance of contract in O.S. No. 26573/2013 before the 28th Additional City Civil Judge, Bengaluru. The original petitioner herein was placed ex parte, and the suit was decreed by judgment and decree dated 22.03.2014.
3. Thereafter, the petitioner filed a Miscellaneous Petition under Order IX Rule 13 of the Civil Procedure Code in Misc. Petition No. 25005/2023 and also filed an application under Section 151 of CPC. The Miscellaneous Petition was filed on 31.01.2023. So far, no order has been passed on the same. Therefore, the petitioners are seeking a direction to dispose of the Miscellaneous Petition as well as the application under Section 151 of CPC as expeditiously as possible.
4. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of the said Miscellaneous Petition filed under -5- NC: 2026:KHC:13394 WP No. 2015 of 2026 HC-KAR Order IX Rule 13 of CPC as expeditiously as possible, and in any event not later than six months from the date of receipt of a certified copy of this order.
With the above observations, the writ petition stands disposed of.
Sd/-
(H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 59