IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.8539 OF 2018 (GM-CPC) BETWEEN:
1. MR. MOHAMMED SIRAJUL HASSAN S/O LATE A.H. KHAISER AGED ABOUT 55 YEARS.
2. MRS. SHAHEEN RAHMAN W/O MR. MOHAMMED SIRAJUL HASSAN AGED ABOUT 49 YEARS.
BOTH RESIDING AT NO.574 30TH B CROSS, TILAKNAGAR JAYANAGAR, BENGALURU-560041. … PETITIONERS (BY SRI SYED AKMAL HASAN RAZVI, ADVOCATE) AND:
1. SRI ABDUL GAFFAR KHAN S/O LATE KHADER KHAN AGED ABOUT 57 YEARS R/AT NO.A-85, OLD NO.225 NAVAB HYDRALI MAIN ROAD KALASIPALYAM, BENGALURU-560002.
2. SMT. ZAREENA BEGUM W/O LATE L.S. RAHAMAN AGED ABOUT 70 YEARS R/AT NO.46, BENSON TOWN BENSON ROAD, BENGALURU-560046.
3. SRI SALEEM RAHEMAN S/O LATE L.S. RAHAMAN AGED ABOUT 47 YEARS.
4. SRI VASEEM RAHEMAN, S/O LATE L.S. RAHAMAN AGED ABOUT 44 YEARS.
BOTH ARE R/AT NO.23/4, FLAT NO.401 BLOOMSBURY APARTMENTS BENSON TOWN, BENSON ROAD BENGALURU-560046. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.01.2018 PASSED BY THE HON’BLE CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN O.S.NO.6136/2014 REJECTING THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER VII RULE 11(d) OF THE CIVIL PROCEDURE CODE, THE CERETIFIED COPY OF THE ORDER DATED 25.01.2018 IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is disposed off as having been withdrawn in terms of the memo filed reserving liberty to the petitioners to file a Civil Revision Petition.
2. Registry to return the impugned order to the petitioner forthwith after retaining a copy thereof in the file.
3. It is needless to mention that the period spent in the prosecution of the petition shall be discounted while computing the period of limitation prescribed for filing the Civil Revision Petition. All contentions are kept open.
KTY Sd/- JUDGE