IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.22983 AND 23081-23082 OF 2018 (GM-CPC) BETWEEN:
1. MRS. AYSHA, AGED ABOUT 65 YEARS, W/O. LATE N.ISMAIL, “TRUPTHI COMPOUND”, NEAR MARKET ROAD, SIDAPURA, KUNDAPURA TALUK – 576 219 UDUPI DISTRICT.
2. S.MOHAMMED IQBAL, AGED ABOUT 37 YEARS, S/O. LATE N.ISMAIL, “TRUPTHI COMPOUND”, NEAR MARKET ROAD, SIDAPURA, KUNDAPURA TALUK – 576 219 UDUPI DISTRICT.
… PETITIONERS (BY SRI. RANJITH K.S., ADVOCATE – ABSENT .) AND:
1. MRS. ZAREENA MOHAMMED, AGED ABOUT 35 YEARS, W/O. LATE N.E.MOHAMMED, 2. AYSHA SHAIMA, AGED ABOUT 17 YEARS, D/O. LATE N.E.MOHAMMED, 3. SHANITH ISMAIL, AGED ABOUT 16 YEARS, S/O. LATE N.E.MOHAMMED, 4. SHEZA FATHIMA, AGED ABOUT 8 YEARS, D/O. LATE N.E.MOHAMMED, RESPONDENTS NOS. 2 TO 4 ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER RESPONDENT NO.1.
ALL ARE R/AT.A.R.COTTAGE, PRAGATHI NAGAR, BRAHMAVARA – 576 213, UDUPI TALUK.
5. MR. SAFIYA, AGED ABOUT 47 YEARS, W/O. DADAFEER, MAIN ROAD, HOSANGADI POST – 576 282, KUNDAPURA TALUK.
6. MRS. FATHIMA, AGED ABOUT 45 YEARS, W/O. ABDUL SALAM, EDITOR, `SIRATE MUSTAKIM’, OPPOSITE MASJID, KATIPALLA, SURATHKAL – 575 011.
7. MRS. NEBISA, AGED ABOUT 35 YEARS, W/O. RAMLA, D.H.COMPOUND, DARKAS HOUSE, SHIRLALU – 574 214, BELTHANGADI TALUK.
8. MR. FAKRUDDIN, AGED ABOUT 28 YEARS, S/O. LATE N.ISMAIL AND MRS. EMBICHE BEBE, ANWAR COLONY, 7TH CROSS, 577 301, SHIMOGA DISTRICT.
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27.03.2018 IN F.D.P.NO.10/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE KUNDAPURA VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners even when the matters are taken up in the second round. Perused the records.
2. In these writ petitions under Article 227 of the Constitution of India, petitioners inter alia have assailed the validity of the order dated 27.03.2018 passed by the trial Court by which the Court Commissioner has been directed to issue paper publication in ‘Vijaya Karnataka’, Kannada daily newspaper and to take steps to sell item Nos.2 to 4 of the suit properties and commission warrant to one Sri Prakashchandra Shetty Giliyar, Advocate has been issued.
3. Writ Petitions are pending before this Court since 2018, in which no interim order has been passed. In compliance of the impugned order, necessary steps must have been taken. In case, grievance of the petitioners still survives, they shall be at liberty to seek revival of these writ petitions.
With the aforesaid liberty, writ petitions are disposed of.
Sd/- JUDGE PKS