IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No. 25184/2019 (GM-CPC) BETWEEN Sri. Mohammed Saifulla S/o. Mohammed Yousuff Aged about 69 years R/a. No. 773 Behind Pops Food Products Near Bangalore Engineering Works R.T. Nagar Post Bangalore – 560 032. ... PETITIONER (By Sri. H.R. Ananthakrishna, Adv.) AND 1. Sri. T.M. Munirajaiah S/o. Chikkammanavara Muniswamappa Aged about 68 years 2. Sri. Anjanappa S/o. Chikkammanavara Muniswamappa Aged about 62 years 3. Smt. Pillamma W/o. Chinnakrishnappa Aged about 69 years 4. Sri. Srinivasa S/o. Chinnkrishnappa Aged about 44 years All are R/a. Thanisandra Village K.R. Puram Hobli Bangalore South Taluk – 560 077.
5. Sri. K.M. Abdul Basha @ Ibrahim S/o. Mohideen Saab R/a. No. 1 Baith Ul Noor Kempaiah Block Opp. Mubarak Masjid J.C. Nagar Bangalore – 560 006. … RESPONDENTS ---
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India with a prayer to quash the order dated 23.04.2019 on I.A. No. 19 passed in O.S. No. 8241/2004 pending before the Addl. City Civil Judge at Bengaluru and etc.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following;
O R D E R No grounds made out for appointment of Commissioner inasmuch as suit is for a decree of specific performance and question as to nature of the property does not figure as an issue; the version of the Court below that this application is made for dragging on the proceedings indefinitely cannot be found fault with. Dismissed.
Sd/- JUDGE LRS.