Disposed

M/S. Hazrath Ameerul Momeeneen Education and v. Janab Mahamed Shafi

Karnataka HC22 Nov 2023RFA/1094/2021

Case brief

AI extract

What is this about?

The High Court disposed of the first appeal filed against the rejection of a plaint by the Trial Court. The court allowed the appellant to withdraw the appeal with liberty to file a fresh suit under CPC Order 7 Rule 13, refraining from expressing any opinion on the merits of either side.

What did the court decide?

Appeal dismissed as withdrawn. Liberty reserved to institute fresh suit under Order 7 Rule 13 CPC.

M/S. Hazrath Ameerul Momeeneen Education… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:42028 RFA No. 1094 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1094 OF 2021 (DEC/INJ-)

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BETWEEN:

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M/S. HAZRATH AMEERUL MOMEENEEN EDUCATION AND EMPLOYMENT TRUST @ AND ALSO CALLED AS HAMEET SY NO.18 NAGAWARA VILLAGE KASABA HOBLI, BENGALURU NORTH TALUK BANGALORE-560 045 REPRESENTED BY ITS FOUNDER TRUSTEE SRI.AZGAR JAN S/O ABDUL JALEEL AGED 64 YEARS,

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…APPELLANT

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(BY SRI. MOH. KAMRAN KHAN.,ADVOCATE)

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AND:

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ABDUL KHALID

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SENTHILNAOTHAN @ SENDHIL

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R-1 & 2 DELETED AS PER COURT ORDER DATED 7-11-2017.

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JANAB MAHAMED SHAFI S/O LATE MOHAMMED USMAN AGED ABOUT 71 YEARS, FORMER CARE TAKER OF ALL MOVABLE AND IMMOVABLE ASSETS OF MASJID -E-UMAR BIN KHATTAB (RZ) R/AT NO.325/974, 5^TH CROSS, UMARNAGAR, GOVINDAPURAM MAIN ROAD, AC POST BENGALURU-560 045.

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2 - NC: 2023:KHC:42028 RFA No. 1094 of 2021

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MASJIDUL MUSLIMEEN MASJID E UMAR BIN KAHTTAB AND

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KHADEEM KHABRASTAN UMARNAGAR, NAGAWARA MAIN ROAD, BENGALURU-560 045. REP BY ITS PRESIDENT JANAB ALTHAF PASHA.

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KARNATAKA STATE BOARD OF AUQAF DARUL AWKAF NO.6, CUNNINGHAM ROAD, BENGALURU-560 002 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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…RESPONDENTS

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(BY SRI.SYED IMRAH, ADVOCATE FOR R-4 MISS. SWATHI, ADVOCATE FOR R-5 NOTICE TO R-1 TO R-3 IS DISPENSED WITH VIDE COURT ORDER DATED: 20.11.2023)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC AGAINST THE ORDER DATED 13.09.2021 PASSED ON IA No.6 IN OS No.4567/2017 ON THE FILE OF THE XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING THE IA No.6 FILED UNDER ORDER VII RULE 11(d) R/W SEC.151 OF CPC FOR REJECTION OF PLAINT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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After arguing the matter for sometime, learned counsel

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for the appellant, on instructions submits that since the present appeal arises out of the impugned order passed by the Trial Court on I.A.No.6 rejecting the plaint under Order VII Rule 11(d) r / w Sec.151 of CPC, the appellant may be permitted to withdraw the

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3 - NC: 2023:KHC:42028 RFA No. 1094 of 2021

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appeal reserving liberty in favour of the appellant to institute a fresh

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suit in terms of Order 7 Rule 13 of CPC.

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Submission is placed on record.

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Appeal is disposed of as withdrawn without

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expressing any opinion on the merits / demerits of the rival contentions.

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Liberty is reserved in favour of the appellant to institute a fresh suit in terms of Order 7 Rule 13 of CPC subject to all exceptions and also all defences of the respondents.

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All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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Registry is directed to send back the Trial Court

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records forthwith back to the Trial Court to enable the appellant – plaintiff to take back / return of all the papers.

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The registry of the Trial Court is directed to return all

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the papers back to the appellant – plaintiff immediately upon receipt of a copy of this order.

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DHA

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Sd/JUDGE

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List No.: 1 Sl No.: 43

M/S. Hazrath Ameerul Momeeneen Education and v. Janab Mahamed Shafi

Case brief

What is this about?

What did the court decide?

M/S. Hazrath Ameerul Momeeneen Education and v. Janab Mahamed Shafi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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