Allowed

Sri. K S Mehaboob Sait v. Smt. Mymunnisa

Karnataka HC3 Jan 2023WP/40390/2016

Case brief

AI extract

What is this about?

This is a writ petition filed under Article 226 of the Constitution of India to quash an impugned order passed in a civil suit. The petitioners filed a memo seeking withdrawal of the petition. The Court allowed the withdrawal with liberty to revive the petition if the original suit is restored by the Trial Court.

What did the court decide?

Petition dismissed as withdrawn with liberty to revive the petition if the original suit OS No.2763 of 1996 is restored by the Trial Court.

Sri. K S Mehaboob Sait Vs Smt. Mymunnisa — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 40390 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03^RD DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 40390 OF 2016 (GM-CPC)

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BETWEEN:

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K S MEHABOOB SAIT SINCE DEAD BY LRS

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MR. ZAKIR @ K.S.ZAKIR, S/O LATE K.S. MEHABOOB SAIT, AGED ABOUT 58 YEARS,

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MR. MUTALLIB @ K S ABDUL MUTTALIB S/O LATE K.S.MEHABOOB SAIT, AGED ABOUT 55 YEARS,

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SMT. NAZEERA BI @ NAZEERA BEE S/O LATE K.S.MEHABOOB SAIT, AGED ABOUT 58 YEARS,

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SMT. SHAHEEM TAJ @ SHAHINA TAJ D/O LATE K.S.MEHABOOB SAIT, AGED ABOUT 27 YEARS,

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SMT. ZAREENA TAJ D/O LATE K.S.MEHABOOB SAIT, AGED ABOUT 28 YEARS,

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SMT. NAYEEMA TAJ D/O LATE K.S.MEHABOOB SAIT, AGED ABOUT 49 YEARS,

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PETITIONERS 1 TO 6 ARE REPRESENTED BY GPA HOLDER SRI K G BABU, AGED ABOUT 58 YEARS, S/O SRI K ZAKRIYA SAHEB, R/AT NO. 364, II CROSS,

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WP No. 40390 of 2016

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PILLANNA GARDEN I STAGE, BENGALURU - 560 084

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ALL PETITIONERS ARE R/AT NO.9, HANUMESH COMPLEX, GUNDOPATH STREET, BENGALURU - 560 002.

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…PETITIONERS

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(BY SRI. BHADRINATH R., ADVOCATE)

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AND:

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SMT. MYMUNNISA W/O LATE MOHAMMOD @ NAWAB, AGED ABOUT 51 YEARS,

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SMT. S GULAB JAN W/O S HABEEB HAN, D/O LATE S MOHAMMED @ NAWAB, AGED ABOUT 31 YEARS,

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MR. S DAWOOD S/O LATE S MOHAMMOD @ NAWAB, AGED ABOUT 27 YEARS,

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SMT. S JAMEELA W/O MR. IQBAL, D/O LATE MOHAMMOD @ NAWAB, AGED ABOUT 28 YEARS,

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R1 TO 4 R/AT NO. 413/1, NAGAWARA VILLAGE, ARABIC COLLEGE POST, NAGAWARA, BENGALURU – 560 045.

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MR. S ISMAIL S/O LATE MOHAMMOOD @ NAWAB, AGED ABOUT 49 YEARS, R/AT NO.5, H.K.P. ROAD CROSS, SHIVAJINAGAR, BENGALURU- 560 002.

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WP No. 40390 of 2016

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SMT. ZAHEEDA KHANNUM D/O LATE KAREEM KHAN, AGED ABOUT 48 YEARS, R/AT NO.7, 3^RD CROSS, 3^RD MAIN ROAD, V.R.PURA, PALACE GUTTAHALLI, BENGALURU- 560 003.

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PASTOR J SURGUNA DOSS AGED ABOUT 52 YEARS, R/AT NO. 39, P & T COLONY, VENKATESHPURAM, BENGALURU- 560 045 OR GOUTAM PHARMACY COLLEGE ROAD, R.T.NAGAR, BENGALURU- 560 032.

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MR. AMIL NAZEER AHMED S/O LATE A K SHAIK MOHAMMED, AGED ABOUT 55 YEARS, R/AT NO. 13-E, 7^TH STREET, HAZARATH KEAMBLE PASHA ROAD CROSS, SHIVAJINGAR, BENGALURU- 560 051.

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MR. AMIL NISAB AHMED S/O LATE A.K SHAIK AHMED, AGED ABOUT 42 YEARS, RESIDING AT NO.13-E, 7^TH STREET, HAZARATH KEAMBLE PASHA ROAD CROSS, SHIVAJINAGAR, BENGALURU-560051.

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SMT. SAJIDA BEGUM W/O A R ALLA BAKASH, MUSLIM, MAJOR, RESIDING AT NO.84, BENSON TOWN, BENGALURU-560046.

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SMT. PAVEEN TAJ W/O SYED AKAMULLA, AGED ABOUT 39 YEARS, R/AT NO.22, DEFENDANT STREET,

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WP No. 40390 of 2016

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COLES ROAD CROSS, OPPOSITE TO BANK OF BARODA, FRAZER TOWN, BENGALURU-560005

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MR. SAMIULLA S/O LATE AMER MULLA, AGED ABOUT45 YEARS, R/AT NO.5, 4^TH CROSS, I MAIN, CHAMARAJPET, BANGALORE-560018.

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MR. A N NOORULLA D/O NOT KNOWN, AGED ABOUT 35 YEARS, R/AT NO.88, 16^TH CROSS, KILLARI ROAD, BENGALURU-560053.

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AI-HAJ SYED AKARMULLA S/O NOT KNOWN, R/AT NO.241, B-OSMAN KHAN ROAD, BENGALURU-560002

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MR. K NARASIMHAIAH S/O K NANJUNDAIAH SHETTY, AGED ABOUT 49 YEARS, R/AT NO.809, III BLOCK, RAJAJINAGAR, 14^TH MAIN, BENGALURU-560010.

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MR. TARAMAN S/O NOT KNOWN, AGED ABOUT 51 YEARS, R/AT NO.KA 253, 3^RD CROSS, COFFEE BOARD COLONY, ANWAR LAYOUT, K.G.HALLI, A.C.POST, BENGALURU-560046.

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MR. ALI ASGAR S/O SHABBIR, AGED ABOUT 34 YEARS, R/AT NO.1602,

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WP No. 40390 of 2016

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WINE LADY RATHAN, TOWER CO-OPERATIVE HOUSING SOCIETY, GANDHINAGAR, WORLI, MUMBAI-400018.

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REPRESENTED BY HIS GPA HOLDER, MR. MOHAMMED ASGAR, S/O M SHAIK AMEER, AGED ABOUT 43 YEARS, RESIDING AT NO.S-2, ROYAL APARTMENT, BASAVANAGUDI, BENGALURU-560004.

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MR. MOHAMMED SANAULLA AMIR S/O ABDUL RAZACK AMIR SAHEB, AGED ABOUT 52 YEARS,

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MRS. RASHEEDA KHANUR W/O MOHAMMED SANAULLA AMIR, AGED ABOUT 34 YEARS,

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RESPONDENTS 18 AND 19 ARE R/AT NO.2, B, NO.18^TH STREET, CHANDI CHOWK ROAD CROSS, SHIVAJINAGAR, BENGALURU-560002.

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SRI SRINIVAS MURTHY S/O LATE C RAMAIAH, AGED ABOUT 44 YEARS,

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MR. MAHESH KUMAR S/O LATE C RAMAIAH, AGED ABOUT 36 YEARS,

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RESPONDENTS 20 AND 21 ARE R/AT NO.32, KAVALBYRASANDRA, R.T.NAGAR POST, BENGALURU-560032

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MR. BASHEER AHAMED S/O ABDUL WAHAB,

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WP No. 40390 of 2016

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AGED ABOUT 58 YEARS, R/AT NO.3-2/4, II CROSS, BHEEMANNA LAYOUT, SHAMPURA MAIN ROAD, R.T.NAGAR, BENGALURU-560032

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…RESPONDENTS

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(BY SRI. V RAGHUNATH, ADVOCATE FOR R20 & R21; VIDE ORDER DATED 19.11.2019 NOTICE TO R6 TO 12 AND 14 TO 16 IS DISPENSED WITH; VIDE ORDER DATED 02.08.2016 R13, 17, 18 AND 22 PERMITTED TO BE DELETED; R19 SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.03.2016 ON I.A. UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE IN O.S.NO.2763 OF 1996 PASSED BY THE 37^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AS FOUND AT ANNEXURE-A.

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

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ORDER

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Learned counsel appearing for the petitioners has

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filed a memo seeking withdrawal of the petition on the grounds mentioned in the memo, which reads as under:

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“The Petitioner respectfully submits that the suit filed by the respondents No.1 to 5 in OS No.2763 of 1996 before the Trial Court came to be dismissed for nonprosecution and default as per order dated 03.12.2019.

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WP No. 40390 of 2016

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Wherefore, the petitioners pray that this Hon’ble Court be pleased to permit the petitioners to withdraw the present writ petition as not pressed, with liberty to revoke the present writ petition, if the OS No.2763 of 1996 is restore before the Trial Court and same may be taken on record in the ends of justice and equity.”

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Memo is placed on record.

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Accordingly, writ petition is dismissed as withdrawn

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reserving liberty to the petitioners to revive the present petition in case the Trial Court restores the original suit.

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SD/JUDGE

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List No.: 1 Sl No.: 25

Sri. K S Mehaboob Sait v. Smt. Mymunnisa

Case brief

What is this about?

What did the court decide?

Sri. K S Mehaboob Sait v. Smt. Mymunnisa

Case brief

What is this about?

What did the court decide?

What the court decided

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