Disposed

Mr Ashfaq Ahmed v. Mrs Iqbalunnisa Begum

Karnataka HC7 Mar 2022MFA/2503/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the memorandum of appeal filed by plaintiffs under Order 43 Rule 1(r) CPC against the trial court's refusal to grant temporary injunction. The court directed parties to maintain status quo on the alienation of suit property pending disposal.

What did the court decide?

Direction to maintain status quo regarding alienation of suit property till disposal of the suit.

Mr Ashfaq Ahmed Vs Mrs Iqbalunnisa Begum — Property and Title | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF MARCH, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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MFA NO.2503 OF 2015 (CPC)

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BETWEEN:

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Mr. Ashfaq Ahmed,

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Son of Late M.Khader Hussain, Aged about 55 years, Residing at No.9950, SW 8^th St, Pembroke Pines, Flordia – 33025.

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Mr. Mustaq Ahmed, Son of Late M.Khader Hussain, Aged about 61 years, Residing at No.19310, SW 14^th St, Pembroke Pines, Flordia – 33029.

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Mr. Mohammed Irfan, Son of Late M.Khader Hussain, Aged about 51 years, Residing at No.6989, Julia Garden, Dr. Coconut Creek, Florida-33073. USA.

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Mrs. Shaheen Farzana, Daughter of Late M.Khader Hussain, Aged about 52 years, Residing at No.341, NE 164^th St, N.Milami Beach, Florida-33162. USA.

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Mrs. Sarwath Begum, Daughter of Late M.Khader Hussain,

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:: 2 ::

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Aged about 49 years, Residing at No.9662, Kilgore Road, Orlando, Florida-32836. 6. Mrs. Aneed Fathima, Daughter of Late M.Khader Hussain, Aged about 47 years, Residing at No.848, Horse Shoe Falls, Orlando, Florida-32836. USA. All are duly represented By their GPA Holder, Mr. S.P.S.Khadri, Son of S.R.S.Khadri, Aged about 38 years, Residing at No.62, 1^st Main, 1^st Cross, K.H.R. Colony, Bengaluru-560018. …Appellants

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(By Smt. Sunitha H Singh, Advocate)

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AND:

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Mrs. Iqbalunnisa Begum, Wife of Late M.Khader Hussain, Aged about 82 years, 2. Mrs. Khurathulain Rokya Banu, Daughter Late M.Khader Hussain, Aged about 66 years, Both are residing at No.15073, Water ford chase, Parkway Orlando, Florida-32828, USA.

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…Respondents

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(By Sri M.D.Raghunath, Advocate for R1 and R2)

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:: 3 ::

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This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 05.03.2015, passed on I.A.No.I in O.S.No.1056/2014, on the file of the V Additional City Civil & Sessions Judge, Bengaluru, rejecting IA No.1 filed under Order 39 Rules 1 and 2 read with Section 151 of CPC.

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This MFA coming on for admission this day, the Court delivered the following:

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JUDGMENT

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Heard Smt. Sunitha H Singh, learned counsel

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for the appellants and Sri M.D.Raghunath, learned counsel for respondents 1 and 2.

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This appeal is filed by the plaintiffs in O.S.No.1056/2014 on the file of the V Additional City Civil and Sessions Judge, Bengaluru, as the trial Court refused to grant an order of temporary injunction restraining the defendants from alienating the suit property bearing BBMP No.180 2^nd Cross, Vivek Nagar (formerly known as Sonnenahalli) Civil Station, Bengaluru. The

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plaintiffs are the children of one M.Khader Hussain, now deceased and defendant No.1, Mrs. Iqbalunnissa Begum.

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The suit property was earlier allotted to M.Khader Hussain by the CITB, by executing a lease cum sale agreement in the year 1965. M.Khader Hussain died in the year 1979 and in the year 1986, CITB executed sale deed in favour of the first defendant. It appears that the first defendant executed settlement deed in favour of second defendant and this is the reason for all the plaintiffs to approach the civil Court for partition.

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The question is actually with regard to right to claim partition in the property which was allotted to the first defendant as the owner, though lease cum sale agreement was made in favour of M.Khader Hussain.

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Since the suit is of the year 2014, it is better that the suit is disposed of at the earliest,

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:: 5 ::

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both the parties to the suit are hereby directed to maintain status-quo with regard to alienation of the suit property till disposal of the suit.

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The appeal stands disposed of accordingly.

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All contentions are kept open.

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Sd/JUDGE

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Kmv/-

Mr Ashfaq Ahmed v. Mrs Iqbalunnisa Begum

Case brief

What is this about?

What did the court decide?

Mr Ashfaq Ahmed v. Mrs Iqbalunnisa Begum

Case brief

What is this about?

What did the court decide?

What the court decided

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