Dismissed

Mr. Nayamathulla v. the Hazrath Tawakkal Mastan Shah

Karnataka HC15 Apr 2021WP/1350/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed under Articles 226 and 227 of the Constitution of India. Relying on a Joint Memo of Settlement filed by the parties and their advocates, the Court set aside the impugned order and disposed of the petition without costs.

What did the court decide?

Set aside order dated 7/12/2020; disposed of writ petition and I.A. in terms of Joint Memo.

Mr. Nayamathulla Vs the Hazrath Tawakkal Mastan Shah — Landlord and Tenant | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF APRIL, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No. 1350 OF 2021 (GM-PP)

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BETWEEN :

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MR. NAYAMATHULLA S/O LATE MOHAMMED FAKRUDDIN AGED ABOUT 62 YEARS R/AT SHOP NO.E68 WOOD WORK SHOP HAZRATH TAWAKKAL MASTAN SHAH DARGAH MOSQUE AND GHOUSE SARAI COMPLEX OTC ROAD, COTTONPET BANGALORE 560053 …PETITIONER

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(BY SHRI. M.D. MASKOOR HASHMI, ADVOCATE)

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AND :

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1 . THE HAZRATH TAWAKKAL MASTAN SHAH DARGAH MOSQUE AND GHOUSE SARAI COMPLEX OTC ROAD, COTTONPET

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BANGALORE-560 053

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REPRESENTED BY ITS SECRETARY

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2 . THE COMPETENT OFFICER

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UNDER THE KARNATAKA PUBLIC PREMISES

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(EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, 1974

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6, CUNNINGHAM ROAD

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BENGALURU-560052 ... RESPONDENTS

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(BY SHRI. P.S. MALIPATIL, ADVOCATE FOR R1; VIDE ORDER DTD.22.01.2021 NOTICE TO R2 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.20.01.2021 PASSED BY THE LEARNED LVII CITY CIVIL AND SESSION JUDGE AT BENGALURU (CCH-59) ON I.A. NO.1 IN MISC.APPEAL 19 OF 2020 VIDE ANNX-L AND ETC.,.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Shri Maskoor Hashmi M.D., learned advocate for petitioner and Shri Malipatil P.S., learned advocate for respondent No.1.

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Both learned advocates submit that the parties have settled the dispute amicably and filed a Joint Memo of even date. They pray that this petition be disposed of in terms of settlement recorded in the Joint Memo.

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The Joint Memo is duly signed by the petitioner,

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respondent No.1 and their respective advocates.

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Both petitioner and respondent No.1 admit the terms of settlement stated in the Joint Memo. The same is

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lawful and hence accepted. The Joint Memo reads as follows:

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” JOINT MEMO FOR SETTLEMENT"

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The Petitioner & Respondent No.1 respectfully submit as follows:

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1. That the Petitioner and Respondent have settled their

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disputes amicably and accordingly this Joint Memo is filed.

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2. That the Petitioner hereby undertakes to pay the entire rental arrears upto March 2021 i.e., Rs.1,46,584/- (Rupees One Lakh Forty Six Thousand Five Hundred Eight-Four only) in six installments along with the monthly present rent at the rate of Rs.3,500/- from April 2021 along with first installment starting from 10^th May 2021 and the Respondent No.1 has agreed to the said settlement and also agreed to execute fresh Lease agreement in favour of the Petitioner after clearance of arrears of rent in accordance with the Wakf Act and Wakf Lease Rules.

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3. That the Petitioner and Respondent undertake to adhere

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with the terms and conditions stated in this Joint Memo.

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4. That the Respondent No.1 has no objection for setting

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aside the order dtd.7-12-2020 in MA No.133/BNU/2007 (sic 2017) passed by the Respondent No.2, which is challenged in MA.19/2021

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(sic MA 19/2020) pending on the file of the Learned LVIII. Addl. City Civil & Session Judge at Bengaluru (CCH-59).

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5. That in case of default in complying the above terms and conditions of this Joint Memo, the party is at liberty to revive the MA No.17/2021 (sic MA 19/2020) pending on the file of the learned City Civil & Sessions Judge at Bengaluru (CCH-59).

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Wherefore, the parties to this writ petition respectfully prays that the above writ petition may dispose in terms of the above Joint Memo by placing the said memo on record in the interest of justice and equity."

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In view of statement made by respondent No.1 in the Joint Memo, order dated 7/12/2020 in Case No.133/BNU/2017 passed by respondent No.2 which is under challenge in MA No.19/2020 is set aside with liberty to respondent No.1 to revive MA No.19/2020 in case of default by petitioner in complying with the terms contained in the Joint Memo.

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This petition is accordingly disposed of.

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In view of disposal of the petition, pending

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interlocutory application does not survive for consideration

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and the same stands disposed of.

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No costs.

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Sd/JUDGE

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Yn.

Mr. Nayamathulla v. the Hazrath Tawakkal Mastan Shah

Case brief

What is this about?

What did the court decide?

Mr. Nayamathulla v. the Hazrath Tawakkal Mastan Shah

Case brief

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