Karnataka High Court
Sri Munirama Reddy vs Smt Hanifa Begum on 16 March, 2023
Bench: S.R.Krishna Kumar
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MFA No. 474 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO. 474 OF 2023 (CPC)
BETWEEN:
SRI MUNIRAMA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 59 YEARS,
R/O KONAPPANA
AGRAHARA VILLAGE,
BEGUR HOBLI, BENGALURU SOUTH TALUK
BENGALURU 560 100.
...APPELLANT
(BY SRI. S KALYAN BASAVARAJ.,ADVOCATE)
AND:
1. SMT HANIFA BEGUM
W/O LATE K AMEER KHAN
AGED ABOUT 64 YEARS,
2. SRI. ADIL AMEER KHAN
S/O LATE K AMEER KHAN
Digitally signed AGED ABOUT 42 YEARS,
by VANDANA S
Location: High 3. SRI. IQBAL AMEER KHAN
Court of S/O LATE K AMEER KHAN
Karnataka AGED ABOUT 57 YEARS,
4. SRI. SHAKEEL AMEER KHAN
S/O LATE K AMEER KHAN
AGED ABOUT 52 YEARS,
5. SRI. HANIF AMEER KHAN
S/O LATE K AMEER KHAN
AGED ABOUT 50 YEARS,
RESPONDENTS 1 TO 5 ARE
R/AT NO. 907,A TYPE, 2nd STAGE,
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MFA No. 474 of 2023
AUSTIN TOWN,
BENGALURU 560 047.
6. SMT. ARIFA BEGUM
LATE K AMEER KHAN
AGED ABOUT 40 YEARS,
R/AT NO. 79, S M LAYOUT,
OLD MADRAS ROAD,
NEAR INDIAN OIL PETROL BUNK
HOSAKOTE
BENGALURU RURAL DISTRICT 562 114.
7. SMT. SHEHANAZ BEGUM
D/O LATE AMEER KHAN
AGED ABOUT 49 YEARS,
R/AT 42, R.R. FORUM STREET,
4th MAIN GRAPE GARDEN,
NEELASANDRA
BENGALURU 560 047.
8. SMT. FATHEEMA AFFROZ
W/O LATE S SHAMSHUDDIN
AGED ABOUT 60 YEARS,
R/AT NO. 938, 2nd STAGE, AUSTIN TOWN
BDA HOUSES, BENGALURU 560 047.
9. SRI. SHEIK SHIRAJUDDIN
S/O LATE S SHAMSHUDDIN
AGED ABOUT 40 YEARS.
10. SRI. SHEIK MOHIDDIN
S/O LATE S SHAMSHUDDDIN
AGED ABOUT 38 YEARS,
RESPONDENTS 8 TO 10 ARE
R/AT NO. 938, 2nd STAGE AUSTIN TOWN
BDA HOUSES, BENGALURU 560 047.
11. MR K R SRIDHAR DREDDY
S/O LATE K Y RAMA REDDY
AGED ABOUT 51 YEARS,
RESIDING AT NO 62/5,
RESIDENT OF KONAPPANA
AGRAHARA VILLAGE BEGUR HOBLI
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MFA No. 474 of 2023
SOUTH TALUK
BENGALURU 560 100.
12. MR MUHAMMAD AVUKKAL
S/O MR POCKARAVULKKAR,
AGED ABOUT 48 YEARS,
RESIDING AT AVUKKAL HOUSE
PULIYAV PARAKKADAVU KOZHIKODE
KERALA 673 509.
13. MR SUBAIRMUTHIRAYIL
S/O MR MOOSSA HAJI
AGED ABOUT 51 YEARS,
RESIDING AT MUTHIRAYIL HOUSE
VALAYAM POST KALLACHI (VIA)
KOZHIKODE KERALA 673 517.
14. MR ASHRAF
S/O MR AMMAD,
AGED ABOUT 43 YEARS,
RESIDING AT NO 198 (163)
VANATHANKANDI VANIMEL
NADAPURAM VATAKARA
KOZHIKODE KERALA 673 506.
15. MR NOUSHADTHAYYULLATHIL
S/O MR POCKER
AGED ABOUT 48 YEARS,
RESIDING AT JATHIEYI THEYYULLATHIL
(HOUSE) PO CHERUMOTH
KOZHIKODE , KERALA 673 509.
16. MR ABBOBACKER
S/O MR MOIDEEN
AGED ABOUT 59 YEARS,
RESIDING AT PULIYACHEI(H)
PULIYAVIL (PO) PARAKKADAVU
KOZHIKODE KERALA 673 509.
17. MR MAJEED
S/O MR MOIDU HAJI
AGED ABOUT 51 YEARS,
RESIDING AT NO 3/231
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MFA No. 474 of 2023
MEETHALEPUNNAKKANDIYIL PUAMERI
PUAMERI PANCHAYATH KOZHIKODE
KERALA 673 503.
18. MR ABOOBACKER
S/O MR MAMMU
AGED ABOUT 62 YEARS,
RESIDING AT KARUVANTHAZHAKUNIYIL (H)
CHEKKLAD PULIYAVIL
NADAPURAM KOZHIKODE
KERALA 673 509.
19. MR MAHMODD THAVOLI
S/O MR SOOPPY
AGED ABOUT 51 YEARS,
RESIDING AT KIZHAKKAYIL HOUSE,
CHALAPPURAM THUNERINADAPUCAM
KOZHIKODE KERALA.
20. MR. KORAN KANDIYIL ISMAIL
S/O MR. POCKER HAJI
AGED 41 YEARS
R/AT ARINGATTU CHALIL (OUSE)
PO VALAYAM KALLACHI (VIA)
KOZHIKODE KERALA - 673517.
21. MR. PARAYIL KUNJAVOO SHAMSUDHEEN
S/O MR. KUNJAVOO MUSLIYAR
AGED 60 YEARS
R/AT PARAYIL (HOUSE)
(PO) MARATHANCODE
THRICHUR, KERALA.
22. MR. MOOSSA
S/O MR. ABDULLA
AGED 50 YEARS
R/AT NO.8/178
PUTHIYOTTIL IYYANKODE
KOZHIKODE KERALA - 673504.
23. MR. SYED HUMAYUN KHALID
S/O MR. SYED ABDUL KHALIQ
AGED 43 YEARS
R/AT THE CANOPY
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MFA No. 474 of 2023
G-202, AGARA ROAD, BABUSABPALYA
BENGALURU - 560 043.
24. MR. ABDULLA M
S/O MR. IBRAHIM HAJEE
AGED 54 YEARS
R/AT MANJERINDAVIDE HOUSE
PULIYAVIL POST PRAKKADAVU (VIA)
CALICUT KERALA - 673509.
25. MR. KUNHABDULAA C K
S/O MR. MUHAMMAD
AGED 46 YEARS
R/AT CHETTAKANDIYIL HOUSE
TANAKKOTURE POST
PARAKKADAVU (VIA) CALICUT KERALA.
26. MR. SYED HUMAYUN KHALID
S/O MR. SYED ABDUL KHALIQ
AGED 43 YEARS
R/AT THE CANOPY G-202
AGARA ROAD, BABUSABPALYA
BANGALORE - 560043.
27. MR. ABDUL AZEEZ P
S/O ABDULLA
AGED 37 YEARS
R/AT PULIYACHERI HOUSE
PULIYAVU POST PRAKKAVADU
VIA KOZHIKODE
KERALA - 673 509.
28. SALIM ACHERI
S/O MR. KUNHABDULLA
R/AT KURUVANNOOR
BAITHUL AKSA, TUNERI POST
NADAPURAM VIA VADAKARA
KOZHIKODE KERALA - 673 505.
29. MR. BASHEER T C
S/O MR. HASBULLA MOULAVI K
AGED 44 YEARS
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MFA No. 474 of 2023
R./AT MUBARAK, MANZIL POTHUVACHERI (PO)
KADACHARI S O, KANNUR,
KERALA - 670621
...RESPONDENTS
(BY SRI.CHANDRASHEKAR.C. .,ADVOCATE FOR C/R-11 & R-3
SRI. MOHAMMED TAHIR, ADVOCATE FOR R-8 TO R-10 & R-23
R-6, R-12, R-13, R-16, R-18, R-19, R-22, & R-24 TO R-29 ARE SERVED
R-1, R-2, R-4, R-5, R-14, R-15, R-17, R-20, R-21 ARE D/W
V/O/DT: 16.03.2023))
THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 151 OF CPC,
AGAINST THE ORDER DT.10.01.2023 PASSED ON IA NO.1 IN
O.S.NO.318/2020 ON THE FILE OF THE IV ADDITIONAL SENIOR CIVIL
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING IA
NO.1 FILED U/O.39 RULES 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal by the plaintiff in O.S.No.318/2020 is directed
against the impugned order dated 10.01.2023 passed on I.A.No.1
by the 4th Addl.Senior Civil Judge, Bengaluru Rural District,
Bengaluru, whereby the said application filed by the appellant -
plaintiff for temporary injunction restraining the respondents -
defendants from interfering with the appellant's - plaintiff's peaceful
possession and enjoyment of the suit schedule properties was
dismissed by the trial court.
MFA No. 474 of 2023
2. Since the relief sought for by the appellant - plaintiff is
restricted against respondents 8 to 10 and 23, notice to the
remaining respondents is dispensed with for the purpose of
disposal of this appeal by this judgment.
3. Heard learned counsel for the appellant and learned
counsel for respondents 8 to 10 and 23 and perused the material
on record.
4. During the course of the present appeal, both sides have
produced various documents which were not placed / produced
before the trial court at the time of passing the impugned order and
the trial court did not have the benefit of the said documents while
passing the impugned order. It is also seen that several
contentious issues arose for consideration between the parties
based on the said documents. Under these circumstances and in
the light of the undisputed fact that various documents produced by
the parties to the present appeal were not available before the trial
court at the time of passing the impugned order, without expressing
any opinion on the merits / demerits of the rival contentions and in
order to enable the trial court to pass a detailed and speaking /
reasoned order by considering and appreciating the documents
MFA No. 474 of 2023
produced by both sides earlier and in the present appeal, I deem it
just and proper to set aside the impugned order passed by the trial
court and remit the matter back to the trial court for reconsideration
I.A.No.1 afresh and pass appropriate orders in accordance with law
after providing sufficient and reasonable opportunity to both sides
and by considering and appreciating all the documents produced
by them accordance with law.
5. In the result, I pass the following:-
ORDER
(i) Appeal is hereby allowed.
(ii) The impugned order dated 10.01.2023 passed on
I.A.No.1 in O.S.No.318/2020 by the 4th Addl.Senior Civil Judge,
Bengaluru Rural District, Bengaluru, is hereby set aside.
(iii) The matter is remitted back to the trial court for
reconsideration I.A.No.1 afresh in accordance with law.
(iv) Liberty is reserved in favour of the appellant as well as
respondents 8 to 10 and 23 to file additional documents produced
by them in the present appeal as well as the any other additional
documents relied upon by them before the trial court, which shall
consider and appreciate the entire material on record and pass
MFA No. 474 of 2023
appropriate orders afresh in accordance with law on or before
06.04.2023 without being influenced by the findings and
observations made in the impugned order.
(v) The trial court is directed to pre-pone / advance the suit
from 28.03.2023 to 20.03.2023 to enable the compliance of the
directions issued in this order and liberty is reserved in favour of
the parties to file appropriate applications and request the trial court
to pre-pone / advance the matter to 20.03.2023.
(vi) The submission made by the learned counsel for the
appellant that the appellant shall not go near the suit schedule
property till the trial court pass the appropriate orders is placed on
record; so also, the submission made by learned counsel for
respondents 8 to 10 and 23 that they would not put up any
construction on the suit schedule property till the trial court passes
the appropriate orders on I.A.No.1 as directed in this order is
placed on record.
Sd/-
JUDGE
Srl.
