Sri. Hussain Mueen Farooq vs Mohammed Arif
2024 Latest Caselaw 9857 Kant

Karnataka High Court

Sri. Hussain Mueen Farooq vs Mohammed Arif on 4 April, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                                NC: 2024:KHC:14233
                                                              WP No. 10339 of 2024



                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 4TH DAY OF APRIL, 2024

                                                    BEFORE

                              THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

                                 WRIT PETITION NO.10339 OF 2024 (GM-CPC)

                      BETWEEN:
                      SRI. HUSSAIN MUEEN FAROOQ
                      S/O. LATE K M HUSSAIN
                      AGED ABOUT 49 YEARS
                      ADVOCATE
                      THE LEGAL ATTORNEYS AND BARRISTERS
                      NO.7, 2ND FLOOR, THALANKI VILLA,
                      WALTON ROAD, BENGALURU - 560 001.
                                                                       ...PETITIONER
                      (BY SRI. MOH. KAMRAN KHAN, ADVOCATE)

                      AND:

                      1.     MOHAMMED ARIF
                             S/O NAWAB JAN
                             AGED ABOUT 50 YEARS
                             RESIDING AT NO.33,
                             2ND FLOOR, 4TH CROSS,
Digitally signed by          M.D.BLOCK, OPP MASJID A MEHRAJ
LEELAVATHI S R               CHAMRAJAPET, BENGALURU SOUTH,
Location: HIGH               BENGALURU - 560 018.
COURT OF
KARNATAKA
                      2.     JAVEED ABDULLA
                             S/O FAROOQ ABDULLA
                             AGED ABOUT 34 YEARS,
                             RESIDING AT NO.23, 10TH CROSS,
                             JAYANAGAR 4TH T BLOCK,
                             BENGALURU - 560 011.

                      3.     MR. T SUNEEL KUMAR
                             S/O GOVINDRAJAN
                             AGED ABOUT 64 YEARS
                             NO.1, CARLTON HOUSE,
                             PALACE ROAD,
                             BENGALURU - 560 001.
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                                               NC: 2024:KHC:14233
                                           WP No. 10339 of 2024




4.   ALOK KUMAR
     S/O LATE MURALIDHAR THONUR
     AGED ABOUT 57 YEARS
     NO.16, RICHMOND ROAD,
     KSRT OFFICE PREMISES
     BENGALURU - 560 025.

5.   MR. D. DEVRAJ
     S/O DYAVARAJAPPA
     AGED ABOUT 55 YEARS
     DCP BANGALORE NORTH DIVISION
     NO.1, CARLTON HOUSE,
     PALACE ROAD,
     BENGALURU - 560 001.

6.   THE COMMISSIONER OF POLICE
     INFANTRY ROAD, BENGALURU - 560 001.

7.   THE DEPUTY COMMISSIONER OF POLICE
     C.A.R. HEAD QUARTERS
     MYSORE ROAD, BENGALURU - 560 001.

8.   THE STATE OF KARNATAKA
     BY THE ADDL. CHIEF SECRETARY
     DEPARTMENT OF HOME
     VIDHANA SOUDHA
     DR. AMBEDKAR VEEDHI
     BENGALURU - 560 001.
                                                   ...RESPONDENTS


      THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT THE LXVIII ADDL. CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU (CCH-69) TO PASS NECESSARY
ORDERS ON IA NO.5 DATED 25/03/2024 (ANNEXURE-A) FILED UNDER
ORDER 39 RULE 1 AND 2 OF CPC, 1908 IN OS NO.3859/2020 IN THE
INTEREST OF JUSTICE AND EQUITY BY HEARING IT AFRESH AND IN
ACCORDANCE WITH LAW AND DISPOSE OF THE CASE ACCORDINGLY.

      THIS   PETITION,   COMING     ON   FOR   ORDERS,   THIS   DAY,
THE COURT MADE THE FOLLOWING:
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                                                    NC: 2024:KHC:14233
                                               WP No. 10339 of 2024



                                ORDER

The limited prayer of the petitioner in this petition is that the

application I.A.No.5 dated 25.03.2024 filed by the petitioner

requires immediate attention. As such, the trial court may be

directed to dispose of the said application within a stipulated time

frame from the next date of hearing of the suit, which is currently

stands posted on 16.04.2024.

2. However, in the light of judgment of Apex Court in

the case of High Court Bar Association, Allahabad Vs.

State of U.P & Others - 2024 (2) SCR 946,

I deem it just and appropriate to dispose of this petition by directing

the trial court to dispose of I.A.No.5 filed by the petitioner

as expeditiously as possible.

Sd/-

JUDGE

AV