Sri Manu Mark Imam v. Noor Fathima Begum

NC:(2026:KHC:24442( WP(No.(13982(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(13982(OF(2026((GM-CPC)( BETWEEN:(( ( SRI.,MANU,MARK,IMAM, S/O.,LATE,HAMZA,IMAM,@,H.J.,IMAM,,

AGED,ABOUT,63,YEARS,,, AGRICULTURIST,, R/O.,DODDA,BUNGALOW,,, DAVANAGERE,ROAD,,JAGALUR,TOWN,,, JAGALUR,TALUK,,, DAVANAGERE,DISTRICT-577,528.,, SENIOR,CITIZEN,BENEFIT,NOT,CLAIMED,

…PETITIONER,

(BY,SRI.,VIRUPAKSHAIAH,P.H.,,ADVOCATE),

AND:( ( NOOR,FATHIMA,BEGUM, W/O.,J.K.,HUSSAIN,MIYA,SAB,,Digitallytisigned by AGED,ABOUT,77,YEARS,,HOUSEHOLD,,, DHANALAKSHMI R/O.,DAVANAGERE,ROAD,,,MURTHY Location:0HIGH JAGALURU,TOWN,,JAGALUR,TALUK,,, COURTOF DAVANAGERE,DISTRICT-577,528.,KARNATAKA …RESPONDENT, , THIS, WP, IS, FILED, UNDER, ARTICLE, 227, OF, THE, CONSTITUTION,OF,INDIA,PRAYING,TO,DIRECT,IN,THE,SIMILAR, NATURE,DIRECTING,THE,SENIOR,CIVIL,JUDGE,,DAVANAGERE, (SITTING, AT, JAGALUR), TO, TRY, AND, DISPOSE, OF, THE, PENDING,CIVIL,MISC.NO.123/2025,VIDE,ANNEXURE-E,AT,THE, EARLIEST,WITHIN,AN,OUTER,LIMIT,OF,ONE,MONTH,AND,ETC.,, , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

In this writ petition, the petitioner has sought the following reliefs: "i. Issue Writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the Senior Civil Judge, Davanagere (Sitting at Jagalur) to try and dispose of the pending Civil Misc.No.123/2025 vide Annexure-E at the earliest within an outer limit of one month; ii. Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and circumstances of case, in the interest of justice and equity.".

¶2For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

¶3Petitioner is seeking for early disposal of the application filed under Section 24 of CPC before the District and Sessions Judge, Davangere seeking transfer of O.S.No.48/2020 pending before Civil Judge and JMFC, Jagalur to Senior Civil Judge and JMFC, Davangere (Sitting at Jagalur) where O.S.No.131/2019 is pending.

¶4Petitioner has filed O.S.No.131/2019 before the Senior Civil Judge, Davangere seeking the relief of declaration and permanent injunction. The respondent herein has filed O.S.No.48/2020 before Civil Judge and JMFC, Jagalur seeking the relief of permanent injunction. Therefore, the petitioner herein has filed an application under Section 24 of CPC., before the District and Sessions Judge, Davanagere seeking transfer of O.S.No.48/2020 pending before the Civil Judge and JMFC, Jagalur to Senior Civil Judge and JMFC, Davangere (Sitting at Jagalur) where O.S.No.131/2019 is pending. Since an application filed by the petitioner herein under section 24 of CPC is not disposed of, the learned counsel for the petitioner is seeking for early disposal of the same.

¶5Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible.

¶6Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application in accordance with law and as expeditiously as possible, not later than

30.06.2026 from the date of receipt of certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) Parties are directed to co-operate for early disposal of the application.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

BN/List No.: 1 Sl No.: 24