IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR H.R.R.P. NO.97 OF 2012 (IO) BETWEEN:
1. SHAIK BABA, S/O LAE S ABDUL JABBAR, AGED ABOUT 53 YEARS R/AT # 3, 1ST FLOOR, 1ST CROSS, VINAYAKA TEMPLE STREET, MUKTHINAGAR, K G HALLI, BANGALORE-45 2. B M MOHAMMED, S/O LATE L BABU SAHEB, AGED ABOUT 68 YEARS, R/AT #7, GROUND FLOOR, 1 ST CROSS, MANSOORIA LANE, O T C ROAD, COTTONPET, BENGALURU – 53, 3. SAMIULLA, S/O LATE SANAULLA AGED ABOUT 53 YEARS R/AT #7, 2ND FLOOR, 1ST CROSS, MANSOORIA LANE, O T C ROAD, COTTONPET BANGALORE-53 THE PETITIONERS NO.2 AND 3 PRESENTLY R/AT # 1/1, 5TH CROSS, DARGA QUARTERS, COTTONPET BENGALURU – 53. ... PETITIONERS (BY SRI.H V PRAVEEN GOWDA, ADVOCATE) AND:
1.R A SUBHAN DIED BY LRS i) SALAMATH S/O LATE R A SUBHAN AGED ABOUT 42 YEARS.
ii) HIDAYATHULLA, S/O LATE R A SUBHAN AGED ABOUT 38 YEARS.
iii) SHATAJ, D/O LATE R A SUBHAN, AGED ABOUT 34 YEARS, R/AT # 10, 3RD CROSS, 4TH MAIN, VENKATARANGAPURAM PALACE GUTTAHALLI, BENGALURU – 53.
2. NAWAZ PASHA @ SHAHNAWAZ, S/O HAJEE MOHAMMED ANWAR, AGED ABOUT 40 YEARS R/AT OLD NO.12 & LATER 46/3, AND AT PRESENT NO.7, P S K GALLI, 1ST CROSS, OTC ROAD, COTTONPET BENGALURU – 53. ... RESPONDENTS (BY SRI S.SHAKER SHETTY, ADV. FOR R1(1-3), R2 - NOTICE HELD SUFFICIENT) **** THIS H.R.R.P. IS FILED UNDER SECTION 46(1) OF THE KARNATAKA RENT ACT 1999, AGAINST THE ORDER DATED 19.03.2011 PASSED ON IA NO.1 AND 5 IN EX.P NO.90/2007 ON THE FILE OF THE IX ADDL. JUDGE, MEMBER, MACT-7, COURT OF SMALL CAUSES, BANGALORE, REJECTING THE IA NO.1 FILED UNDER ORDER XXI RULE 99 AND 100 READ WITH SECTION 151 OF CPC AND REJECTING THE IA NO.5 FILED UNDER ORDER XXI RULE 99 READ WITH SECTION 151 OF CPC.
THIS H.R.R.P. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioners has filed a memo seeking permission to convert the HRRP into Regular First Appeal.
2. Considering the submission of the counsel, memo is placed on record.
3. Learned counsel for the petitioners is permitted to convert the present petition into regular first appeal, if permissible under law.
4. Registry to permit the learned counsel for the petitioners to alter the nomenclature/classification and provision under which it is filed without insisting on the re-filing of the papers. On such conversion being made, the appeal be listed before the Court having roster for the subject.
5. For the purpose of record, the House Rent Revision Petition is rounded off as disposed of.
Sd/- JUDGE SJ