JALAHALLI WEST, BANGALORE-15 v. BANGALORE-560051

THE HON'BLE MR. JUSTICE H.G.RAMESH MFA No.4650/2012 BETWEEN: 1 MRS RAKHIBA KHATOON A G D/O ABDUL GHANI KHAN W/O C.S. ALTHAF AHMED, AGED ABOUT 52 YRS R/AT NO.571, 1ST MAIN DHARMANNA GARDEN, DINNUR, 9TH CROSS R.T.NAGAR POST BANGALORE 560032 2 MR ZAMEER AHMED KHABN A G S/O ABDUL GHANI KHAN AGED ABOUT 46 YEARS R/AT NO. 997/A 27TH A MAIN, 9TH BLOCK JAYANAGAR, BANGALORE-560069 3 MRS NUSRATH KHATOON A G D/O ABDUL GHANI KHAN W/O RIDVANALI SHIRAGUPPI AGED ABOUT 37 YEARS R/AT NO.2, 2ND FLOOR, G.Y. VIJAYALAKSHMI COMPLEX, K.G.HALLI ENTRANCE K.G.HALLI JALAHALLI WEST, BANGALORE-15 ...APPELLANTS (BY SRI S V SHASTRI, ADVOCATE) AND: 1 MR. BASHEER AHMED KHAN A G S/O ABDUL GHANI KHAN AGED ABOUT 48 YEARS - 2 - M.F.A.No.4650/2012 R/AT NO. 505 K.H.B. COLONY, 5TH BLOCK KORAMANGALA BANGALORE-560095 2 MR NOOR AHMED KHAN A G S/O ABDUL GHANI KHAN AGED ABOUT 54 YEARS RESIDING IN FORT MASJID ROAD SARJAPUR VILLAGE, SARJAPUR HOBLI ANEKAL TALUK BANGALORE DISTRICT 3 MRS HASHMATH KHATOON A G D/O ABDUL GANI KHAN W/O ABDUL SALAM AGED ABOUT 50 YEARS R/IN NO.31, 3RD MAIN K.G.HALLI, JALAHALLI WEST BANGALORE-560051 4 MR NASEER AHMED KHAN A G S/O ABDUL GHANI KHAN AGED ABOUT 41 YEARS NO.31, 3RD MAIN K.G.HALLI, JALAHALLI WEST BANGALORE-560051 ...RESPONDENTS SRI. M.S.MUKARRAM, ADVOCATE FOR R-3 & R-4) (BY SRI. A KUMARAVEL, ADVOCATE FOR C/R1; THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 13.04.2012 PASSED ON I.A.NO.1 IN O.S.NO.156/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, ANEKAL, DISMISSING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC FOR T.I. THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - M.F.A.No.4650/2012 J U D G M E N T H.G.RAMESH, J. (Oral): This appeal by the plaintiffs is directed against an interlocutory order dated 13.04.2012 passed by the trial court in the suit in O.S.No.156 of 2012. By the impugned order, the trial court has dismissed I.A.No.1 filed by the appellants/plaintiffs under Order 39 Rules 1 & 2 of the CPC for grant of an order of temporary injunction restraining the defendants from creating any third party right over the suit property till the disposal of the suit.

I have heard the learned counsel appearing for the parties and perused the impugned order. The trial court, on a detailed consideration of the matter, has held that the appellants/plaintiffs had failed to make out a prima facie case and accordingly has dismissed the application – IA.No.I. - 4 - M.F.A.No.4650/2012

It is stated that the suit schedule property was purchased by the mother of the plaintiffs as per the sale deed dated 31.05.1966 and she gifted the said property to defendant no.1 (respondent no.1 herein) by a registered gift deed dated 23.02.2008. It is not in dispute that a Mohammedan can gift his/her property to any person of his/her choice. This position of law is not disputed before me. On the facts of the case, in my opinion, the discretion exercised by the trial court in dismissing I.A.No.I cannot be said to be arbitrary or capricious to warrant interference in appeal. No ground to admit the appeal. The appeal is accordingly dismissed. However, the trial Court shall dispose of the suit without being influenced by the order impugned herein or this order. Appeal dismissed. Sd/- JUDGE hkh.