IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.55304/2017 (GM - CPC) BETWEEN:
1. MRS. SARTAZ SHARIFF W/O. MR. MAHABOOB SHARIFF, D/O. LATE SYED BASHA, AGED ABOUT 63 YEARS, R/O. #87, SHIVAJI ROAD, SHIVAJI NAGAR, BANGALORE – 560 051.
2. MRS. SHATAJ W/O. MR. SYED, D/O. LATE SYED BASHA, AGED ABOUT 59 YEARS, R/AT VENKATAGIRI, CHINTAMANI.
PETITIONERS ARE REPRESENTED BY THEIR PA HOLDER, MR. ZAMEER SHARIFF, AGED ABOUT 35 YEARS, S/O. MR. MAHABOOB BASHA. ... PETITIONERS (BY SRI S.M. ANEES AHAMED, ADVOCATE) AND:
1. MR. VILANGAT XAVIER JOSE S/O. MR. XEVIER, AGED ABOUT 40 YEARS, R/AT NO.37/4008, 1ST FLOOR, AZAD BUILDING, AZAD ROAD, KALOOR, KOCHIN – 682 017.
2. SYED ANWAR AGED ABOUT 64 YEARS, 3. MR. SYED AKRAM AGED ABOUT 62 YEARS, R-2 & R-3 BOTH ARE R/AT R/AT NO.37/4008, 1ST FLOOR, AZAD BUILDING, AZAD ROAD, KALOOR, KOCHIN – 682 017.
4. MR. SYED ANSAR AGED ABOUT 57 YEARS, SINCE DEAD, REPRESENTED BY LR’s, a) SMT. BALQUIS BEGUM, S/O. LATE SYED ANSAR, b) SHOGHU FATHIMA BAHAR AGED ABOUT 14 YEARS, REPRESENTED BY MOTHER/GUARDIAN, BOTH ARE RESIDING AT NO.87, 1ST FLOOR, SHIVAJI ROAD, BANGALORE – 560 051.
5. MR. SYED ASHRAFF AGED ABOUT 52 YEARS, SINCE DEAD, REPRESENTED BY LR’s, a) MRS. FAZAL BEGUM, S/O. LATE SYED ASHRAFF, b) MISS. AYESHA D/O. LATE SYED ASHRAFF, c) MISS. MUSARATH BANU D/O. LATE SYED ASHRAFF, d) MISS. SANIYA SURIAYA D/O. LATE SYED ASHRAFF, ALL ARE RESIDING AT NO.412, PILLANNA GARDEN, 3RD STAGE, 2ND MAIN, 7TH CROSS, BANGALORE – 560 082.
6. MR. SYED ASHTAR, AGED ABOUT 47 YEARS, 7. MR. SYED QHAMAR, AGED ABOUT 42 YEARS, SL. NO.6 AND 7 ARE THE SONS OF LATE SYED BASHA SAHEB, AND ALL ARE RESIDING AT BELLAHALLY VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK – 96.
8. MR. MUHAMMED MUNEER SAIT, AGED ABOUT 36 YEARS, S/O. ISMAIL SAIT, NO.777/B, 100 FEET ROAD, INDIRA NAGAR, BANGALORE – 560 038.
CARRYING ON REAL ESTATE, BUSINESS “TREE LAND”, NO.675, 1ST STAGE, 3RD BLOCK, 6TH MAIN, 8TH CROSS, HBR LAYHOUT, BRINDAVAN NAGAR, BANGALORE – 560 038.
PERMANENT RESIDING AT NO.49/1876, SULEKHA MANOR, ELLAMAKKARA ROAD, EDAPALLY, COCHIN – 24.
9. MR. M. VIJAYAKUMAR AGED ABOUT 42 YEARS, S/O. LATE SRI NARAYANAPPA, RESIDENT OF NAGAVARA VILLAGE, ARABIC COLLEGE ROAD, BANGALORE – 560 045.
10. KHALEELULLA AGED ABOUT 49 YEARS, S/O. LATE MR. ABDUL MYNAZ, R/AT NO.630, 1ST CROSS, R.K. HEGDE NAGAR, ARABIC COLLEGE ROAD, BANGALORE – 560 045.
11. MR. A. ISMAIL SAIT AGED ABOUT 74 YEARS, S/O. LATE MR. ADAM SAIT, NO.49/1876, SULEKHA MANOR, ELLAMAKKARA ROAD, EDAPALLY, COCHIN – 24.
SINCE DEAD BY HIS LR’s, 11(a) SMT. HAMEEDA ISMAIL, D/O. LATE ISMAIL SAIT, AGED ABOUT 65 YEARS, 11(b) SRI. MOHAMMED ELIAS ISMAIL S/O. ISMAIL SAIT, AGED ABOUT 49 YEARS, 11(c) SRI ALTHAF ISMAIL S/O. LATE ISMAIL SAIT, AGED ABOUT 48 YEARS, 11(d) MR. MUMAHAMMED MUNEER SAIT S/O. ISMAIL SAIT, AGED ABOUT 36 YEARS, (IS ALREADY ON RECORD AS DEFENDANT NO.7) 11(e) ILIAS ISMAIL S/O. LATE ISMAIL SAIT, AGED ABOUT 45 YEARS, R-11(a) TO R-11(e) ALL ARE R/AT NO.49/1876, SULEKHA MANOR, ELLAMAKKARA ROAD, EDAPALLY, COCHIN – 24. ... RESPONDENTS (BY SRI ALWYN SEBASTIAN, ADVOCATE FOR R-1;
SRI P.H. RAMALINGAM, ADVOCATE FOR R-8 & R-11(d);
R-5(a-c), R-6, R-10, R-11(e) – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-G, DATED: 13/07/2016, PASSED ON I.A.NO.43, IN O.S.NO.2291/2006, BY THE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, AT BANGALORE AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed against the order dated 13/07/2016 on I.A.No.43 in O.S.No.2291/2006 on the file of I Additional Senior Civil Judge at Bengaluru Rural District, Bengaluru ['Trial Court' for short].
2. It is discerned that the said O.S.No.2291/2006 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE S*