IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 21402 OF 2019 (GM-CPC)

BETWEEN:

MR. YOUNUS KHAN, AGED ABOUT 48 YEARS, S/O MR. AZEEM KHAN, NO. 34, 1 MAIN, 1ST CROSS, S.R.K GARDEN, JAYANAGAR, BENGALURU - 560 041.

…PETITIONER (BY SRI. B.T. INDU SHEKAR, ADVOCATE)

AND:

1. MRS. DILSHAD BEGUM, AGED ABOUT 55 YEARS, W/O LATE MR. MOHAMMED MAHABOOB, Digitally signed by H K HEMA Location: 2. MR. MOHAMMED AKRAM TAJ, HIGH COU RT AGED ABOUT 38 YEARS, OF KARNATAKA S/O LATE MR. MOHAMMED MAHABOOB

3. MR. MOHAMMED SARTAJ AGED ABOUT 33 YEARS S/O LATE MR MOHAMMED MAHABOOB

4. MRS. YASMEEN BEGUM AGED ABOUT 34 YEARS D/O LATE MR MOHAMMED MAHABOOB

5. MRS. AYESHA BEGUM AGED ABOUT 32 YEARS D/O LATE MR MOHAMMED MAHABOOB, THE RESPONDENTS NO.1 TO 5 ARE RESIDING AT NO. 19, 8TH MAIN 3RD CROSS, BTM LAYOUT I STAGE, TAVAREKERE, BENGALURU - 560 029.

…RESPONDENTS (BY SRI. OMRAN KHAN, ADVOCATE FOR R1 TO R5)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 12.03.2019 AT ANNX-H PASSED BY THE SENIOR CIVIL JUDGE & JMFC, MAGADI, RAMANAGARAM DISTRICT, ON MEMO AT ANNX-G IN O.S.NO.288/2018 AND CONSEQUENTLY, EXTEND THE AD-INTERIM ORDER GRANTED ON 14.11.2018 TILL DISPOSAL OF I.A.NO.1 ON MERITS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.I.ARUN

ORAL ORDER

1. Aggrieved by the order dated 12.03.2019, passed in O.S.No.288/2018, wherein the Trial Court has refused to extend the ex parte ad interim order granted in favour of the plaintiff therein, he has preferred the present writ petition.

2. The petitioner preferred O.S.No.288/2018 with the following prayers;

"WHEREFORE, the Plaintiff humbly prays that this Hon'ble court be pleased to grant the judgment and decree in the following manner:

Decree cancelling the Sale Deed dated 18.06.2012 executed by Mr. Younous Khan through his General Power of Attorney Holder Mr. Mr. Mohammed Mahaboob in favour of Mr. Mohammed Mahaboob which is duly registered as Document No.BTM-1- 00640-2012-13, Book -1, estored in CD. No.BTMD42, at the office of Sub-Registrar, Jayanagar (BTM Layout), Bengaluru; and consequently, declare the Plaintiff as the absolute owner of the Schedule Property;

b) A Decree of Permanent Injunction, restraining the Defendants, their men, agents and any other person/s cause or claim through them from interfering with the peaceful possession and enjoyment of the Schedule Property or from dealing with the Suit Schedule Property in any marrier whatsoever, c) Grant Costs:

d) Such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity."

3. He has also preferred an interlocutory application under Order VII Rule 1 of C.P.C., and the Trial Court has passed the following order;

"Heard the Counsel for the Plaintiff on IA No 1 Considering the nature of the suit and the facts and circumstances of the case, I proceed to pass the following:

ORDER The defendants their men, agents and other persons are hereby restrained from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property by an order of temporary injunction till next date of hearing.

The plaintiff shall comply the order 39 rule 3(a) of CPC in respect of Temporary Injunction against the defendants submit the affidavit.

Issue suit summons to defendants through Court.

Call on by 14.12.2018."

4. Thereafter, the respondents entered appearance and filed a memo dated 12.03.2019 before the Trial Court, wherein it is alleged that the petitioner has installed a board stating that the property belongs to him and on the said ground, the Trial Court has refused to extend the interim order.

5. The case of the petitioner is that the said board was installed by the petitioner even prior to filing of the suit and even otherwise, there was no bar in the order of the Trial Court restra