Dismissed

Smt Razia Khanum v. Syed Asgar Pasha

Karnataka HC3 Jun 2024CRP/326/2024

Case brief

AI extract

What is this about?

Petitioners filed a CRP under Section 115 CPC to call for records and set aside an order in the original suit. Counsel submitted a memo seeking withdrawal of the petition in favor of filing a writ petition under Article 227, as it was the remedy available for challenging interim orders. The Court accepted the memo and dismissed the petition as not pressed, reserving liberty to file a writ.

What did the court decide?

Petition dismissed as not pressed. Liberty reserved to the petitioner to file a fresh writ petition under Article 227 of the Constitution.

Smt Razia Khanum Vs Syed Asgar Pasha — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:18733 CRP No. 326 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 326 OF 2024 (IO)

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BETWEEN:

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SMT RAZIA KHANUM W/O LATE MOHAMMED ISMAIL KHAN DURRANI, AGED ABOUT 88 YEARS, AADHAR NO 739707101002 NO 42/C, BENKI NAWAB STREET, MANDI MOHALLA MYSURU 570001

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SMT NAAZ DURRANI D/O LATE MOHAMMED ISMAIL KHAN DURRANI, AGED ABOUT 70 YEARS, AADHAR NO 762353846869 R/AT NO 1421 BENKI NAWAB STREET, MANDI MOHALLA

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MYSURU 570001

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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RAHILA DURRANI D/O LATE MOHAMMED ISMAIL KHAN DURRANI, AGED ABOUT 69 YEARS, AADHAR NO 777903693513 RESIDING AT NO 550/2, PENSION MOHALLA, CHIKKAMAGALURU 577101

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NUR MOHAMMED KHAN DURRANI S/O LATE ABDUL SATTHAR DURRANI, AGED ABOUT 93 YEARS, AADHAR NO 285915920204 NO 1401, BENKI NAWAB STREET, MANDI MOHALLA MYSURU 570001

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BIBI IIYA W/O ALI MOHAMMED KHAN DURRANI,

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2 - NC: 2024:KHC:18733 CRP No. 326 of 2024

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AGED ABOUT 87 YEARS, AADHAR NO 20989182208

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SHRI OMAR KHAN DURRANI S/O ALI MOHAMMED KHAN DURRANI, AGED ABOUT 54 YEARS, RESIDING AT NO 1421, BENKI NAWAB STREET, MANDI MOHALLA MYSURU 570001

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NOW AT NO 71, 4^TH MAIN ROAD, 3^RD CROSS, BANNIMANTAP C LAYOUT, MYSURU KARNATAKA 570015

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KANEEZ FATHIMA D/O ALI MOHAMMED KHAN DURRANI, AGED ABOUT 82 YEARS, AADHAR NO 454643085619

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SMT FIRDOUSE D/O ALI MOHAMMED KHAN DURRANI, AGED ABOUT 80 YEARS, AADHAR NO 325903276177

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MARIA KULSUM D/O ALI MOHAMMED KHAN DURRANI, AGED ABOUT 74 YEARS, AADHAR NO 514084892563

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PETITIONER NOS. 5, 7 TO 9 ARE ALL RESIDING AT NO 71, 3^RD CROSS 9^TH MAIN BANNAIMANTAP C LAYOUT, MYSURU 570015

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…PETITIONERS

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(BY SRI. ADITYA., ADVOCTE FOR SRI. G.S. BHAT., ADVOCATE)

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AND:

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SYED ASGAR PASHA S/O LATE SYED ABDUL HAMEED, AGED ABOUT 72

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3 - NC: 2024:KHC:18733 CRP No. 326 of 2024

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RESIDING AT DOOR NO 2827 9^TH CROSS, SAWDAY ROAD, MANDI MOHALLA, MYSURU 570015

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SHRI KEMPEGOWDA S/O KARIGOWDA, AGED ABOUT 56 YEARS, RESIDING AT NO K M HUNDI VILLAGE, KADAKOLA HOBLI, MYSURU 570001

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…RESPONDENTS

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(BY SRI. ANIL KUMAR SINDHIA N..,ADVOCATE FOR C/R2)

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THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.951/2022 PENDING ON THE FILE OF THE COURT OF IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU AND ETC.

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

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ORDER

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The petitioners are before this Court seeking for the following reliefs;

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1. Call for the entire records in O.S.No.951/2022 pending on the file of the Court of IV Additional Senior Civil Judge and JMFC at Mysuru.

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2. Set aside the order dated 12.03.2024 passed by the Court of IV Addl. Senior Civil Judge and JMFC at Mysuru in O.S.No.951/2022 at Annexure-A.

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3. Pass any such orders, directions etc., as this Hon’ble Court deems fit in the interest of justice and equity.

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NC: 2024:KHC:18733 CRP No. 326 of 2024

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In view of the objections which have been raised,

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learned counsel for the petitioner has filed a memo

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which reads as under:

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Memo for Withdrawal

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The undersigned Counsel submits that the captioned case has been preferred under Section 115 of the Code of Civil Procedure, 1908 assailing the Order dated 12.03.2024 passed by the IV Addl. Senior Civil Judge and JMFC at Mysuru in O.S.No.951/2022 in an application under Section 10 of the Code of Civil Procedure, 1908. As the challenge is to an order passed during the pendency of the Original suit, the correct course would have been to file a Writ Petition under Article 227 of the Constitution of India. In these circumstances, leave is sought to withdraw the captioned case with liberty to prefer a Writ Petition.

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Wherefore, it is respectfully prayed that this Hon’ble Court be pleased to take the instant memo on record in the interest of justice and equity.

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Accepting the memo and submission of the learned

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counsel for the petitioner, the petition is dismissed as not pressed. Reserving liberty to the petitioner

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to file a fresh writ petition.

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Sd/JUDGE

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List No.: 1 Sl No.: 19

Smt Razia Khanum v. Syed Asgar Pasha

Case brief

What is this about?

What did the court decide?

Smt Razia Khanum v. Syed Asgar Pasha

Case brief

What is this about?

What did the court decide?

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