The High Court
Case Details
- 1 - NC: 2025:KHC:10965 RFA No. 70 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 70 OF 2019 (INJ) BETWEEN: 1. G HAFEEZ S/O GHOUSH SHAREEF AGED ABOUT 69 YEARS. 2. ALLAH BAKESH S/O GHOUSH SHAREEF AGED ABOUT 67 YEARS. 3. NISSAR SHARIEF S/O GHOUSH SHAREEF AGED ABOUT 66 YEARS. 4. KUSHNUDHU S/O GHOUSH SHAREEF AGED ABOUT 65 YEARS.
Legal Reasoning
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka APPELLANTS NO 1 TO 4 ARE R/AT: NO.10, 2ND CROSS, NAGARAJA GUPTHA LAYOUT, BANNERGHATTA ROAD BENGALURU – 560 030.
Legal Reasoning
(BY SRI. SURESH.S. LOKRE, SENIOR ADVOCATE FOR SRI. SHRAVAN S LOKRE.,ADVOCATE) …APPELLANTS AND: 1. K ASIF S/O G KHALEEL AGED ABOUT 49 YEARS R/A NO.44/8, 2ND CROSS NAGARA GUPTA LAYOUT BANNERGHATTA ROAD BENGALURU-560 030. - 2 - NC: 2025:KHC:10965 RFA No. 70 of 2019 2. 3. 4. 5. 6. K ASLAM S/O G KHALEEL AGED ABOUT 42 YEARS. K ISMAIL S/O G KHALEEL AGED ABOUT 39 YEARS. K MUSTHAFFA S/O G KHALEEL AGED ABOUT 38 YEARS. R-2 TO R-4 ARE R/AT NO. 5/2, 15TH CROSS, LAKKASANDRA BENGALURU – 560 030. K TAJ D/O KHALEEL W/O SHUHAIL AHMED AGED ABOUT 46 YEARS. R/AT 5/2, 15TH CROSS LAKKASANDRA BENGALURU – 560 030. K MUMTAZ D/O G KHALEEL W/O SYED AADIL R/A NO.5/2, 15TH CROSS, LAKKASANDRA BENGALURU – 560 030. …RESPONDENTS (BY SMT. SUNITHA H SINGH, ADVOCATE FOR C/R1 TO R4) VIDE ORDER DATED: 25.04.2019, SERVICE OF NOTICE IN R/O R-6 IS H/S) THIS RFA IS FILED U/S.96 OF CPC,AGAINST THE JUDGMENT AND DECREE DATED 07.12.2018 PASSED IN OS.NO.15732/2005 ON THE FILE OF THE XIII ADDL.CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT, BANGALORE DECREEING THE SUIT FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:10965 RFA No. 70 of 2019 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the defendants in O.S.No.15734/2005 on the file of the XIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, is directed against the judgment and decree dated 07.12.2018, whereby the said suit filed by respondents-plaintiffs against the appellants-defendants for permanent injunction and other reliefs in relation to suit schedule immovable properties in favour of the respondents-plaintiffs against the appellants – defendants. 2. A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit against the appellants-defendants for permanent injunction and other relief in relation to the suit schedule immovable properties and the said suit having been contested by the appellants – defendants culminated in the impugned judgment and decree against the appellants – defendants in favour of the respondents – plaintiffs, which is assailed in the present appeal. - 4 - NC: 2025:KHC:10965 RFA No. 70 of 2019 3. It is the matter on record and undisputed fact that subsequent to the aforesaid judgment and decree, appellants- plaintiffs instituted one more suit under O.S.No.25626/2019, in which the plaint was rejected vide order dated 19.04.2023. Further, in RFA No.99/2023 filed by the very same plaintiffs, this Court vide judgment dated 17.03.2025 was pleased to allow the appeal and remit the matter for reconsideration afresh in accordance with law by holding as under: “ORDER The appeal is hereby allowed. impugned The judgment in O.S.No.25626/2019 on the file of 74th Additional City decree and i) ii) Civil and Sessions Judge, Mayohall Unit, Bengaluru, is hereby set aside. iii) I.A.No.2/2022 filed by the appellants-plaintiffs under Order VI Rule 17 of CPC for amendment of the plaint is hereby allowed subject to the condition that the proposed amendment shall not relate back to the date of the suit and the same shall be reckoned from the date of filing amendment application I.A.No.2/2022, which was filed on 12.10.2022 and by keeping open the question/issue regarding limitation to be decided along with other issues in the suit. - 5 - NC: 2025:KHC:10965 RFA No. 70 of 2019 iv) Liberty is reserved in favour of the respondents- defendants to file additional written statement before the Trial Court. v) All rival contentions on all aspects of the matter including limitation are kept open and no opinion is expressed on the same. vi) Appellants and respondents undertake to appear before the Trial Court on 09.04.2025 without awaiting for further notice. vii) The Trial Court is directed to dispose of the suit as expeditiously as possible. viii) It is further directed that parties are directed to maintain status-quo in all respects in relation to the suit schedule property till disposal of the appeal before the Trial Court.” 4. It is a matter on record that aforesaid suit in O.S.No.25626/2019 is pending on the file of the 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru as on today and the matter is posted on 09.04.2025. 5. In view of the subsequent suit in O.S.No.25626/2019 in relation to very same suit schedule immovable properties with consent of learned counsel for both sides, without expressing any opinion on the merits/demerits of the rival contentions, I deem it - 6 - NC: 2025:KHC:10965 RFA No. 70 of 2019 just and appropriate to dispose of the suit by setting aside the impugned judgment and decree and remit the matter back to the Trial Court with a direction to the Registry of the Trial Court to withdraw the instant O.S.No.15734/2005 from the file of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru and transfer the same to the Court of 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) to be consolidated, clubbed and tried and dispose of along with O.S.No.25626/2019 in accordance with law by issuing certain directions. 6. According, I pass the following:
Decision
ORDER i) The appeal is hereby allowed. ii) The impugned order dated 07.12.2018 passed in O.S.No.15734/2005 on the file of the XIII Additional City Civil and Sessions Judge, is hereby set aside. iii) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law with a direction to the Registry of the Trial Court to withdraw - 7 - NC: 2025:KHC:10965 RFA No. 70 of 2019 the instant O.S.No.15734/2005 from the file of XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru and transfer the same to the Court of 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-75) to be consolidated, clubbed, tried and disposed of along with O.S.No.25626/2019 in accordance with law as expeditiously as possible. iv) Registry is directed to send back the trial Court Records forthwith. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 28