The Masjid-E-Muslim Colony vs Shazada
2023 Latest Caselaw 3472 Kant

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                                                         NC: 2023:KHC:21128
                                                              RFA No. 504 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 19TH DAY OF JUNE, 2023

                                               BEFORE
                     THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
                           REGULAR FIRST APPEAL NO. 504 OF 2021


                   BETWEEN:

                   The Masjid-E-Muslim Colony,
                   (also known and called as NIMRQA Masjid)
                   Having its Registered Office
                   at NIMRA Masjid and Nimra
                   Commercial Complex,
                   Nimra Nagar, Muslim Colony,
                   Shampur Road, D J Halli,
                   Bengaluru-560045

                   Represented by its
                   Managing Trustee, Sri. Sarwar Khan,
                   aged about 63 Years,
                   Son of late H. Rahim Khan
                                                                       ...Appellant

Digitally signed
                   (By Sri. C Shankar Reddy, Advocate)
by BANGALORE
MADHAVACHAR
VEENA
Location: High
Court of
                   AND:
Karnataka



                   Shazada,
                   aged about 58 Years,
                   Father's name not
                   Known to plaintiff,
                   residing at portion of
                   No.156 [10], 4th Cross,
                   Muslim Colony, D J Halli,
                   Bengaluru-560045
                                                                     ...Respondent
                                                ****
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                                       NC: 2023:KHC:21128
                                           RFA No. 504 of 2021




      This Regular First Appeal is filed under Section 96 read
with Order XLI Rule (1) of the Code of Civil Procedure, 1908,
praying to call for the records in O.S.No.15562/2005 from the
Court of LVII Additional City Civil and Sessions Judge,
Bengaluru City, Mayo Hall Unit (CCH-58) peruse the same, hear
the appellant and allow the above appeal by setting aside the
impugned judgment and decree dated 16-03-2021 passed
therein and decree the said suit and grant such other reliefs as
this Court deems fit to grant together with costs in the interest
of justice and equity.

      This Regular First Appeal coming on for Orders through
Physical Hearing/Video Conferencing, this day, the Court made
the following:
                           ORDER

Called again in the afternoon.

2. Learned counsel for the appellant, who is

physically present, files a memo, seeking conversion of

this Regular First Appeal into a Miscellaneous First Appeal.

He makes the submission in support of his memo.

3. The learned Registrar(Judicial) in his written

submission also has opined that it is only an MFA that is

maintainable against the impugned judgment.

4. In view of the above, the conversion permission,

as sought for by the appellant, is granted.

NC: 2023:KHC:21128 RFA No. 504 of 2021

5. Registry is directed to permit conversion of this

Regular First Appeal into a Miscellaneous First Appeal,

however, subject to further scrutiny, if any, to be made by

it in the matter.

Sd/-

JUDGE

BMV*