Sri Ayoob v. Sri Hafeez
Case brief
What is this about?
Writ petition challenging the dismissal of an application under Order VIII Rule 9 CPC. Held: The application allowed to correct property description discrepancy; impugned order set aside; costs awarded.
What did the court decide?
The writ petition is allowed, the impugned order dated 25th January, 2022 is set aside, and costs of Rs. 10,000 are imposed on the defendant.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.4053 OF 2022 (GM-CPC)
BETWEEN
SRI AYOOB AGED ABOUT 60 YEARS S/O LATE P K ABDUL RAHMAN R/AT AZIZUDDIN ROAD BUNDER MANGALURU-575 001.
...PETITIONER
(BY SRI S RAJASHEKAR, ADVOCATE)
AND
- SRI HAFEEZ S/O LATE HASSAN BAWA AGED ABOUT 48 YEARS R/AT ISHAN COTTAGE ULLAL VILLAGE AND POST MANGALURU-575 004.
- SRI NAWAB AGED ABOUT 44 YEARS
- SMT. REHANA AGED ABOUT 52 YEARS
Issues for consideration
2 issues framed by the court
Whether the trial court was justified in dismissing an application filed under Order VIII Rule 9 CPC at the stage of evidence.
Whether the application for additional pleadings was consistent with the written statement and served to decide the lis effectively.
Parties & counsel
- petitioner
SRI AYOOB
- respondent
SRI HAFEEZ
Coram
E.S. INDIRESH
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- WP/4053/2022
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