Disposed¶57

Syed Anees Ur Rahman v. Mrs. Kauser Raifq

Karnataka HC22 Sept 2025WP/11479/2021

Case brief

AI extract

What is this about?

Karnataka High Court Article 227 writ petitions (GM-CPC), WP No. 11479/2021 c/w WP No. 11380/2021, NC: 2025:KHC:37992, decided 22.09.2025; challenge to execution-court orders in Execution No.977/2019 (XIIth Additional City Civil and Sessions Judge, CCH-27); petitions withdrawn and disposed off following settlement at Karnataka Mediation Centre (Memorandum of Settlement, Sl. No.11); release of execution deposit of Rs.1,15,000/- to respondent No.2 Smt. Ishrath Rahman.

What did the court decide?

Leave to withdraw the petitions consequent upon the settlement before the Karnataka Mediation Centre; respondent No.2 - Smt. Ishrath Rahman permitted to withdraw the amount in deposit (Rs.1,15,000/-) in terms of Sl. No.11 of the Memorandum of Settlement. ¶57

Syed Anees Ur Rahman Vs Mrs. Kauser Raifq — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petitions should be permitted to be withdrawn and disposed of, the dispute having been settled before the Karnataka Mediation Centre, and how the amount deposited in the execution proceedings is to be dealt with.

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Court's answer

The memo filed by learned counsel for the petitioner seeking leave to withdraw the petition, the matter having been settled before the mediation centre, was taken on record, and the Mediation Report of the Karnataka Mediation Centre was placed on record.

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Ratio / Principle

It was noticed that the petitioner had deposited a sum of Rs.1,15,000/- in the execution proceedings in compliance of the interim order granted by this Court on 30.06.2021.

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Key takeaways

In terms of the settlement entered into between the parties at Sl. No.11 of the Memorandum of Settlement, the amount in deposit is permitted to be withdrawn by respondent No.2 - Smt. Ishrath Rahman.ratio¶55
In view of the matter having been settled before the Mediation Centre, the petitions are disposed off.ratio¶56

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Dr. Justice K.Manmadha Rao), Oral Order dated 22.09.2025 — W.P. Nos. 11479 & 11380 of 2021 (GM-CPC) under Article 227 of the Constitution of India, challenging orders dated 30.10.2019 and 11.02.2021 of the XIIth Additional City Civil and Sessions Judge, CCH-27/CCH27, in Execution No.977/2019. Learned counsel for the petitioner filed a memo seeking leave to withdraw the petitions, the matter having been settled before the Karnataka Mediation Centre; the memo and the Mediation Report were taken on record. The Court noted the petitioner's deposit of Rs.1,15,000/- in the execution proceedings (in compliance of the interim order dated 30.06.2021) and, in terms of Sl. No.11 of the Memorandum of Settlement, permitted respondent No.2 - Smt. Ishrath Rahman to withdraw the amount in deposit. The petitions were disposed off.

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NC: 2025:KHC:37992 WP No. 11479 of 2021 C/W WP No. 11380 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 11479 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 11380 OF 2021 (GM-CPC)

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IN W.P. No. 11479/2021

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BETWEEN:

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SYED ANEES UR RAHMAN S/O M S ABDHUL RAHMAN, W/O MR. JALLAL SHAREEF, AGED ABOUT 44 YEARS, R/AT NO.A-102,

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IN THE APARTMENT BUILDING KNOWN AS ROSARY NO.97, ST. JOHN'S CHURCH ROAD, BANGALORE-560 005

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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(BY SRI. BIMBADAR M. GOWDAR., ADVOCATE)

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AND:

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… PETITIONER

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MRS. KAUSER RAFIQ D/O M S ABDHUL RAHAMAN, W/O MR. RAFEEQ BAIG, AGED ABOUT 51 YEARS, R/AT NO.61/3, BSA ROAD, 1^ST CROSS, BASAPPA LANE, FRAZER TOWN, BANGALORE-560 005

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2 - NC: 2025:KHC:37992 WP No. 11479 of 2021 C/W WP No. 11380 of 2021

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HC-KAR

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MRS ISHRATH RAHMAN

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D/O M S ABDHUL RAHAMAN, W/O MR. SHAIQ BAIG, AGED ABOUT 48 YEARS, R/AT NO.37/1, B TYPE, ROBERTSON ROAD, FRAZER TOWN, BANGALORE-560 005

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MRS MUSARATH SHAREEF D/O M S ABDHUL RAHAMAN, W/O MR. JALLAL SHAREEF, AGED ABOUT 43 YEARS, R/AT NO.2/3, PLAIN STREET, INFANTRY ROAD, BANGALORE-560 001

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… RESPONDENTS

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(BY SRI. NAVEED AHMED., ADVOCATE A/W SRI S. NOOR MOHAMMED, ADVOCATE FOR R1 TO R3)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 30.10.2019 PASSED BY THE XIITH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-27 IN EX NO.977/2019 AS PER ANNEXURE-F AND ETC.

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IN W.P. NO. 11380/2021

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BETWEEN:

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SYED ANEES UR RAHMAN S/O M S ABDHUL RAHMAN W/O MR JALLAL SHAREEF AGED ABOUT 42 YEARS R/AT NO.A-102 IN THE APARTMENT BUILDING KNOWN AS ROSARY NO.97

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3 - NC: 2025:KHC:37992 WP No. 11479 of 2021 C/W WP No. 11380 of 2021

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HC-KAR

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ST JOHN'S CHURCH ROAD

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BANGALORE-560 005

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... PETITIONER

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(BY SRI. BIMBADAR M. GOWDAR., ADVOCATE)

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AND:

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MRS. KAUSER RAFIQ D/O M S ABDHUL RAHAMAN, W/O MR. RAFEEQ BAIG, AGED ABOUT 51 YEARS, R/AT NO.61/3, BSA ROAD, 1^ST CROSS, BASAPPA LANE, FRAZER TOWN, BANGALORE-560 005

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MRS ISHRATH RAHMAN D/O M S ABDHUL RAHAMAN, W/O MR. SHAIQ BAIG, AGED ABOUT 48 YEARS, R/AT NO.37/1, B TYPE, ROBERTSON ROAD, FRAZER TOWN, BANGALORE-560 005

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MRS MUSARATH SHAREEF D/O M S ABDHUL RAHAMAN, W/O MR. JALLAL SHAREEF, AGED ABOUT 43 YEARS, R/AT NO.2/3, PLAIN STREET, INFANTRY ROAD, BANGALORE-560 001

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... RESPONDENTS

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(BY SRI. NAVEED AHMED., ADVOCATE A/W SRI S. NOOR MOHAMMED, ADVOCATE FOR R1 TO R3)

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4 - NC: 2025:KHC:37992 WP No. 11479 of 2021 C/W WP No. 11380 of 2021

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 11.02.2021 PASSED ON I.A. NO.6 BY THE XIITH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH27 IN EXECUTION NO.977/2019 AS PER ANNEXURE-C AND ETC.

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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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Learned counsel for the petitioner has filed a memo

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seeking leave of this Court to withdraw the petition stating that the matter has been settled before the mediation centre.

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The memo is taken on record. Mediation Report

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filed by the Karnataka Mediation Centre is also placed on record.

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It is noticed that the petitioner has deposited a

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sum of Rs.1,15,000/- in execution proceedings, in compliance of the interim order granted by this Court on 30.06.2021. In terms of the settlement entered into

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NC: 2025:KHC:37992 WP No. 11479 of 2021 C/W WP No. 11380 of 2021

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HC-KAR

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between the parties at Sl. No.11 of the Memorandum of Settlement, the amount in deposit is permitted to be withdrawn by respondent No.2 - Smt. Ishrath Rahman.

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In view of the matter having been settled

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before the Mediation Centre, the petitions are disposed

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off .

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Sd/(DR.K.MANMADHA RAO) JUDGE

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Syed Anees Ur Rahman v. Mrs. Kauser Raifq

Case brief

What is this about?

What did the court decide?

Syed Anees Ur Rahman v. Mrs. Kauser Raifq

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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