IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.16435 OF 2019 (GM-CPC) BETWEEN:
SRI BALBHEEMA A KATKE S/O ARUN KATKE AGED ABOUT 55 YEARS PROT: VISHAL FUEL CENTRE OPP. ST. JOHN’S ITI SAGAR ROAD, GADIKOPPA SHIVAMOGGA - 577 201 ... PETITIONER (BY SRI K.R. KRISHNAMURTHY, ADVOCATE) AND:
1. SMT. RAZIYA BEGUM W/O MOHAMMED IBRAHIM AGED ABOUT 65 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 2. SRI MOHAMMAD SALEEM S/O MOHAMMED IBRAHIM AGED ABOUT 43 YEARS R/O RAGIGUDDA, SHANTHI NAGAR SHIVAMOGGA CITY – 577 201 3. SRI MOHAMMAD KALEEM S/O MOHAMMED IBRAHIM AGED ABOUT 38 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 4. SRI MOHAMMAD NADEEM S/O MOHAMMED IBRAHIM AGED ABOUT 32 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 5. SRI WASEEM PASHA S/O MOHAMMED IBRAHIM AGED ABOUT 30 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 6. SRI MOHAMMAD AZEEM S/O MOHAMMED IBRAHIM AGED ABOUT 28 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 7. SRI MOHAMMAD FAHEEM S/O MOHAMMED IBRAHIM AGED ABOUT 22 YEARS R/O MAIN ROAD, MALLIGHATTA SHIVAMOGGA CITY – 577 201 8. SMT. SAHKIRA BEGUM W/O HIDAYATHULLA AGED ABOUT 48 YEARS R/O RAGIGUDDA, SHANTHINAGAR SHIVAMOGGA CITY – 577 201 9. SMT. TAHIRA BEGUM W/O SHAFIULLA AGED ABOUT 45 YEARS R/O AZAD NAGAR, SAGARA SHIVAMOGGA DISTRICT 577 201 10. NASEERA BEGUM W/O MOHAMMAD SAB AGED ABOUT 40 YEARS R/O MAIN ROAD SORABA SHIVAMOGGA DISTRICT 577 201 11. SMT. MUNZIRA BEGUM W/O FAHRA HUSSAIN AGED ABOUT 26 YEARS R/O P & T COLONY SHIVAMOGGA CITY 577 201 12. SMT. MASTURA BEGUM W/O SYED SAHAIL AGED ABOUT 24 YEARS R/O JANNATH GALLI, SAGARA TOWN SHIVAMOGGA DISTRICT 577 201 13. HINDUSTAN PETROLEUM CORPORATION LTD. BRANCH OFFICE, MYSORE ROAD HASSAN – 573 201 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.03.2019 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA ON IA.VII IN OS NO.891/2012 AND FURTHER TO ALLOW THE IA.VII FILED BY THE PETITIONER AS PRAYED FOR; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner being the defendant in an ejectment suit in OS No.891 of 2012 is invoking the writ jurisdiction of this Court for assailing the order dated 12th March, 2019 a copy whereof is at Annexure-K whereby the learned Principal Civil Judge, Shivamogga having rejected his application in IA No.VII filed under Section 151 of the Code of Civil Procedure, 1908 has refused to stay the suit proceedings till after the Regular Second Appeal No.621 of 2018 arising from his specific performance suit in OS No.373 of 2006 is disposed of.
2. Having heard the learned counsel for the petitioner and having perused the petitioner papers, this Court declines to grant indulgence in the matter inasmuch as both the suit proceedings would take their own time for culmination into a decree, which apparently, would be subject to outcome of the appeal in the aforesaid Regular Second Appeal.
Writ Petition is disposed of accordingly.
Sd/- JUDGE lnn