IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.1358/2016 (GM-CPC) BETWEEN:
SRI. MOHAMMED ASHRAFF BASHA S/O LATE MOHAMMED GHOUSE, AGED ABOUT 55 YEARS KOORI HOUSE, KARINAKALLATHANI POST, KORRI KUNDA, PERINTHALMANNA, KERALA – 679 322. … PETITIONER (BY SRI. ROHITH D.K., ADV.) AND:
1. MUBARAK SHARIF S/O LATE SARADAR AHMED SHARIF, AGED ABOUT 34 YEARS, RESIDING AT NO.399, 1ST CROSS, GANGONDANAHALLI, BANGALORE – 560 026.
2 . SRI NOOR BASHA S/O LATE MOHAMED GHOUSE, AGED ABOUT 59 YEARS, RESIDING AT ‘C’ SECTOR, F-1 LINE, R/8 CHEETA CAMP, TROMBAY, MUMBAI – 400 015.
3. SMT.NASEEM BANOO D/O LATE MOHAMED GHOUSE, AGED ABOUT 58 YEARS, R/AT NO.300, 1/2, SION SANGAM GALLI, KALAKILA, DHARAVI, MUMBAI – 400 017.
4. SRI CHAND BASHA D/O LATE MOHAMED GHOUSE, AGED ABOUT 52 YEARS, RESIDING AT ‘C’ SECTOR, F-1 LINE, R/8 CHEETA CAMP, TROMBAY, MUMBAI – 400 015.
5. SALEEM MOHAMMED S/O LATE MOHAMED GHOUSE, AGED ABOUT 34 YEARS, R/AT NO.3001/2, DARGA CHAWL, SOCIAL NAGAR, DHARAVI, MUMBAI – 400 018.
6. SMT.ASMATH D/O LATE MOHAMED GHOUSE, AGED ABOUT 34 YEARS, R/AT NO.3001/2, DARGA CHAWL, SOCIAL NAGAR, DHARAVI, MUMBAI – 400 018.
7. SMT.SAJIDA BANOO D/O. LATE MOHAMED GHOUSE, AGED ABOUT 47 YEARS, R/AT NO.3001/2, DARGA CHAWL, SOCIAL NAGAR, DHARAVI, MUMBAI 400 018.
8. SMT.SHAMIN BANOO D/O LATE MOHAMED GHOUSE, AGED ABOUT 48 YEARS, R/AT NO.345, NEHRU BINDESWARI SOCIETY, DHARAVI ROAD, MUMBAI 400 018.
9. SMT.ZAREENA D/O LATE MOHAMED GHOUSE, AGED ABOUT 38 YEARS, R/AT NO.201, AZIZA TERES B, INDIRAGANDHI ROAD, NAVEEN BYPASS KAUSA, THANE DISTRICT, MAHARASTRA 400 022.
10. MOHMED ALI S/O. LATE MOHAMED GHOUSE, AGED ABOUT 37 YEARS, R/AT NO.201, AZIZA TERES B, INDIRAGANDHI ROAD, NAVEEN BYPASS KAUSA, THANE DISTRICT, MAHARASTRA 400 022.
RESPONDENTS 2 TO 10 ARE REP. BY SRI. VAZEER SHAFIULLA KHAN, S/O LATE ABDUL REHAMAN, AGED ABOUT 61 YEARS, R/AT DOOR NO.173, 1ST STAGE, RAJEEV NAGAR, DEVANUR EXTENSION, MYSORE – 570 020.
11. SMT.REHANA BEGUM D/O. LATE MAZHAR SHARIFF, AGED ABOUT 52 YEARS, 12. NOORULA SHARIFF S/O LATE MAZHAR SHARIFF, AGED ABOUT 50 YEARS, 13. SMT.MUBARAK BEGUM D/O. LATE MAZHAR SHARIFF, AGED ABOUT 49 YEARS, 14. SMT.SHAHANA BEGUM D/O LATE MAZHAR SHARIFF, AGED ABOUT 47 YEARS, 15. MUBEENA BEGUM D/O LATE MAZHAR SHARIFF, AGED ABOUT 45 YEARS, 16. SRI NASRULLA SHARIFF S/O LATE MAZHAR SHARIFF, AGED ABOUT 40 YEARS, RESPONDENTS 11 TO 16 ARE R/AT DOOR NO.192, II CROSS, MAHADEVAPURA MAIN ROAD, SHANTHINAGAR, MYSORE 570 013.
17. MOHAMMED YOUNUS SHIVANI S/O LATE ABDUL AZEEZ SHIVANI, AGED ABOUT 48 YEARS, 18. SMT. MARIAM YOUNUS SHIVANI W/O MOHMMED YOUNUS SHIVANI, AGED ABOUT 43 YEARS, 19. MOHAMMED SAIT SHIVANI S/O LATE ABDUL AZEEZ SHIVANI, AGED ABOUT 45 YEARS, 20. ABDUL SATTAR SHIVANI S/O LATE ABDUL AZEEZ SHIVANI, AGED ABOUT 45 YEARS, 21. SMT.SHAEEN SATTAR SHIVANI W/O. ABDUL SATTAR SHIVANI, AGED ABOUT 40 YEARS, 22. SMT. AYESHA BANU W/O. LATE MOHAMMED HAMEED DUMBA, AGED ABOUT 55 YEARS, 23. MOHAMMED IMRAN DUMBA S/O LATE MOHAMMED HAMEED DUMBA, AGED ABOUT 24 YEARS, RESPONDENTS 17 TO 23 ARE R/AT DOOR NO.2222/1, SWADAY ROAD, MEENA BAZAAR, MYSORE -570 001.
…RESPONDENTS (BY SRI. M.G.S. KAMAL, ADV. FOR R1, R2 TO R10 SRI. PRASHANTH P.N., ADV. FOR R11 TO R16 SRI. K. R. LINGARAJU, ADV. FOR SMT. USHA D., ADV. FOR R17 TO R23) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.192/2001 ON THE FILE OF II ADDITIONAL CIVIL JUDGE (SR. DN.) & CJM AT MYSORE AND SET ASIDE THE ORDERS DATED 05.12.2015 PASSED ON I.A.XXXVIII IN O.S.NO.192/2001 PASSED BY THE HON’BLE COURT OF THE PRL. JUDGE, COURT OF SMALL CAUSES AT MYSORE VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Learned counsel for the respondents has filed a memo and states that the present petition relates to an order passed in O.S.No.192/2001 and as the said suit has been dismissed, the relief sought for does not survive for consideration.
In light of the said submission and memo filed, petition is dismissed as having become infructuous.
Contentions of the parties, however, are kept open.
Sd/- JUDGE VP