Writ petition against trial court orders on I.A.Nos.3 to 7 rejecting deposit of rents by tenant-defendants in a co-ownership dispute. Petitioners did not press I.A.No.3. The High Court held the trial court misread the parties' status and quashed the orders, directing defendants 26 to 29 to deposit rents monthly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:8457 WP No. 106542 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.106542 OF 2017 (GM-CPC)
BETWEEN:
…PETITIONERS
(BY SRI. VITTHAL S.TELI, ADVOCATE)
ASHPAK
KASHIMSA MALAGALADINNI
Digitally signed byASHPAK KASHIMSA MALAGALADINNI Location: High Court ofKarnataka, Dharwad BenchDate: 2024.06.28 13:24:59 +0530
AND:
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D/O. MALIKSAB SHAIKH @ SANADI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. BASTI GALLI, OLD BUS STAND, NANDGAD, TAL: KHANAPUR, DIST: BELAGAVI-591302.
8. HARUN
S/O. MALIKSAB SHAIKH @ SANADI, AGE: 42 YEARS, OCC: FARMER, R/O. LAKILI, TAL: KHANAPUR, DIST: BELAGAVI-591302.
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AGE: 50 YEARS, OCC: BUSINESS, R/O. MALAPRABHA NAGAR, TENGIN GALLI CORNER, VADAGAON, BELAGAVI-590005.
10. AMEENA
WD/O. DAWAL SHAIKH @ SANADI,
AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO. 7 & 8, DHAMANI STREET, CAMP, BELAGAVI-590001.
S/O. DAWAL SHAIKH @ SANADI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO. 7 & 8, DHAMANI STREET, CAMP BELAGAVI-590001.
D/O. DAWAL SHAIKH @ SANADI , AFTER MARRIAGE KNOWN AS HASEENA
W/O. MOHAMMED HANIF DAVANGERI, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. JALAKA BADA GALLI, KHANAPUR, TAL: KHANAPUR, DIST: BELAGAVI-591302.
13. SATTAR
S/O. ALLABAKSH SHAIKH @ SANADI, AGE: 55 YEARS, OCC: FARMER, R/O: LAKILI, TAL: KHANAPUR, DIST: BELAGAVI-591302.
15. MAHEBOOB S/O. ALLABAKSH SHAIKH @ SANADI,
AGE: 52 YEARS, OCC: BUSINESS, R/O: GAVI MARD, CHENESE COUPAL, SOUTH GOA-SAVADA, GOA-403705.
16. JUBEDA
D/O. ALLABAKSH SHAIKH @ SANADI, AFTER MARRIAGE KNOWN AS JUBEDA W/O. USMANSAB YARGATTI, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. UNKAL CROSS, NEAR MASJID TAJ NAGAR, HUBBALI-580031.
17. ROSHAN
D/O. ALLABAKASH SHAIKH @ SANADI, AFTER MARRIAGE KNOW AS ROSHAN W/O. NADEEM BARGIR, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: KOTWAL GALLI, BELAGAVI-590001.
18. MAIMOON
D/O. ALLABAKASH SHAIKH @ SANADI, AFTER MARRIAGE KNOWN AS MAIMOON W/O. KHADAR SAYYED, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: SAYYED BAKERY, SHUMLA, PANJIM, GOA-403001.
S/O. ALLABAKASH SHAIKH @ SANADI, AGE: 48 YEARS, OCC: BUSINESS, R/O: C/O. HAVELI KOTI, MUJAWAR BUNGALOW, PONDA, GOA-40401.
20. GOUS
S/O. JANGUSAB SHAIKH @ SANADI, AGE: 74 YEARS, OCC: PENSIONER, R/O: BARAKOTARY, BUS STOP, NEAR PAVAN ENGLISH MEDIUM SCHOOL, DHARWAD-580006.
NC: 2024:KHC-D:8457 WP No. 106542 of 2017
21. NAZIR
S/O. JANGUSAB SHAIKH @ SANADI, AGE: 72 YEARS, OCC: BUSINESS, R/O: H.NO.6, DHAMANI STREET, CAMP-BELAGAVI-590001.
22. YUSUF
S/O. JANGUSAB SHAIKH @ SANADI, AGE: 71 YEARS, OCC: BUSINESS, R/O: H.NO.8 & 9, DHAMANI STREET, CAMP-BELAGAVI-590001.
23. GULAB
S/O. JANGUSAB SHAIKH @ SANADI, AGE: 70 YEARS, OCC: BUSINESS, R/O: H.NO.31/A/B, COURT STREET, CAMP-BELAGAVI-590001.
24. BASHA
S/O. JANGUSAB SHAIKH @ SANADI, AGE: 68 YEARS, OCC: BUSINESS, R/O: H.NO.3, COURT STREET, CAMP-BELAGAVI-590001.
25. BIBI
W/O. ISMAIL KHAN PATHAN, AGE: 65 YEARS, OCC: HOUSEHOLD, R/O: MUSKAAN CHICKEN CIRCLE, KHASABAG CIRCLE, KHASABAG, BELAGAVI-590003.
26. UDAY
S/O. SHANKAR SHEETY, AGE: 52 YEARS, OCC: BUSINESS, R/O: H.NO.38, HIGH STREET, CAMP-BELAGAVI-590001.
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R/O: B.C. 120, CAMKP-BELAGAVI-590001.
S/O. GAFFAR SHAIKH, AGE: 48 YEARS, OCC: BUSINESS, R/O: H.NO.18, KHANAPUR ROAD, CAMP, BELAGAVI.
…RESPONDENTS
(R1, R3, R5, R7, R8, R10, R11, R13, R14, R16, R17, R19, R20, R21, R23, R24, R26, R27 & R30 ARE SERVED; R2, R4, R12 & R29 ARE HELD SUFFICIENT; R6, R9, R15, R18 & R25 NOTICE DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE IMPUGNED ORDER DATED:20.03.2017 PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE, BELAGAVI IN O.S.NO.35/2015 ON IA NO.3 TO 7 IS PRODUCED AT ANNEXURE-"S".
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed assailing the order passed by the learned Judge on I.A.Nos.3 to 7 calling upon defendant Nos.20, 26 to 29 to deposit rents before this Court, pending consideration of captioned writ petition.
the captioned petition insofar as order on I.A.No.III.
ORDER
deposit the rents on or before 5th of every month before the Court.
Sd/JUDGE
AM List No.: 1 Sl No.: 46
2 issues framed by the court
Whether tenants in common were entitled to direct tenant-defendants to deposit rents in court pending suit.
Whether the trial court's rejection of applications I.A.Nos.4 to 7 suffered from material irregularity.
2 provisions across 1 enactments
Moulla S/o Asadsab Shaikh @ Sanadi
Mohammed Rafiq S/o Asadsab Shaikh @ Sanadi
Smt. Jannatbi W/o Makabool Khan Pathan
Smt. Jamelabi W/o Nazirahmed Peerzade
Rajesab S/o Maliksab Shaikh @ Sanadi
Gous S/o Jangusab Shaikh @ Sanadi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
