Karnataka High Court
Mr Ashfaq Ahmed vs Mrs Iqbalunnisa Begum on 7 March, 2022
Bench: Sreenivas Harish Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07 T H DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
MFA NO.2503 OF 2015 (CPC)
BETWEEN:
1. Mr. Ashfaq Ahmed,
Son of Late M.Khad er Hussain,
Aged about 55 years,
Residing at No.9950, SW 8 t h St,
Pemb roke Pines, Flordia - 33025.
2. Mr. Mustaq Ahmed,
Son of Late M.Khad er Hussain,
Aged about 61 years,
Residing at No.19310, SW 14 t h St,
Pemb roke Pines, Flordia - 33029.
3. Mr. Mohammed Irfan,
Son of Late M.Khad er Hussain,
Aged about 51 years,
Residing at No.6989, Julia Gard en,
Dr. Coconut Creek, Florida-33073.
USA.
4. Mrs. Shaheen Farzana,
Daug hter of Late M.Khader Hussain,
Aged about 52 years,
Residing at No.341, NE 164 t h St,
N.Milami Beach, Florid a-33162.
USA.
5. Mrs. Sarwath Begum,
Daug hter of Late M.Khader Hussain,
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Aged about 49 years,
Residing at No.9662, Kilgore Road,
Orlando, Florid a-32836.
6. Mrs. Aneed Fathima,
Daug hter of Late M.Khader Hussain,
Aged about 47 years,
Residing at No.848, Horse Shoe Falls,
Orlando, Florid a-32836.
USA.
All are duly represented
By their GPA Holder,
Mr. S.P.S.Khad ri,
Son of S.R.S.Khadri,
Aged about 38 years,
Residing at No.62,
1 s t Main, 1 s t Cross,
K.H.R. Colony,
Beng aluru-560018.
...Appellants
(By Smt. Sunitha H Singh, Advocate)
AND:
1. Mrs. Iqb alunnisa Begum,
Wife of Late M.Khad er Hussain,
Aged about 82 years,
2. Mrs. Khurathulain Rokya Banu,
Daug hter Late M.Khader Hussain,
Aged about 66 years,
Both are residing at No.15073,
Water ford chase,
Parkway Orlando,
Florid a-32828, USA.
...Respondents
(By Sri M.D.Rag hunath, Advocate for R1 and R2)
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This MFA is filed under Order 43 Rule 1(r) of
CPC, ag ainst the order d ated 05.03.2015, passed on
I.A.No.I in O.S.No.1056/2014, on the file of the V
Additional City Civil & Sessions Judge, Beng aluru,
rejecting IA No.1 filed under Order 39 Rules 1 and 2
read with Section 151 of CPC.
This MFA coming on for admission this d ay, the
Court delivered the following:
JUDGMENT
Heard Smt. Sunitha H Singh, learned counsel
for the appellants and Sri M.D.Raghunath, learned
counsel for respondents 1 and 2.
2. This appeal is filed by the plaintiffs in
O.S.No.1056/2014 on the file of the V Additional
City Civil and Sessions Judge, Bengaluru, as the
trial Court refused to grant an order of temporary
injunction restraining the defendants from
alienating the suit property bearing BBMP No.180
2nd Cross, Vivek Nagar (formerly known as
Sonnenahalli) Civil Station, Bengaluru. The
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plaintiffs are the children of one M.Khader
Hussain, now deceased and defendant No.1, Mrs.
Iqbalunnissa Begum.
3. The suit property was earlier allotted to
M.Khader Hussain by the CITB, by executing a
lease cum sale agreement in the year 1965.
M.Khader Hussain died in the year 1979 and in the
year 1986, CITB executed sale deed in favour of
the first defendant. It appears that the first
defendant executed settlement deed in favour of
second defendant and this is the reason for all the
plaintiffs to approach the civil Court for partition.
4. The question is actually with regard to
right to claim partition in the property which was
allotted to the first defendant as the owner,
though lease cum sale agreement was made in
favour of M.Khader Hussain.
5. Since the suit is of the year 2014, it is
better that the suit is disposed of at the earliest,
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both the parties to the suit are hereby directed to
maintain status-quo with regard to alienation of
the suit property till disposal of the suit.
The appeal stands disposed of accordingly.
All contentions are kept open.
Sd/-
JUDGE
Kmv/-
