Karnataka High Court
Sri H S Rafeeq Ahmed vs Smt. Shivarathna on 2 August, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 19911 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 19911 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. H.S. RAFEEQ AHMED,
S/O LATE HABEEB-UR-REHMAN SAHEB,
AGED ABOUT 69 YEARS,
R/AT NAGARATHPET,
SIDLAGHATTA TOWN,
CHIKKABALLAPURA DISTRICT
2. SRI. SYED TAJ PASHA
S/O SYED AZAZ PASHA,
AGED ABOUT 66 YEARS,
R/AT KADIRIPALYA STREET,
SIDLAGHATTA TOWN,
CHIKKABALLAPUR DISTRICT
3. SRI. AMEER JAN
Digitally signed
by JUANITA S/O PAKRUDEEN SAB,
THEJESWINI AGED ABOUT 72 YEARS,
Location: HIGH R/AT KARMIKARA NAGAR,
COURT OF SIDLAGHATTA TOWN,
KARNATAKA CHIKKABALLAPUR DISTRICT
4. SRI. HYDER ALI PASHA
S/O ABDUL ALI,
AGED ABOUT 47 YEARS,
R/AT DASHADPET,
SIDLAGHATTA TOWN,
CHIKKABALLAPUR DISTRICT.
5. SRI. S. BUDDAN
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WP No. 19911 of 2024
S/O L GHOWSPEER SAB,
AGED ABOUT 68 YEARS,
R/AT NEAR VIJAYALAKSHMI
SIDLAGHATTA TALUK,
CHIKKABALLAPUR DISTRICT
...PETITIONERS
(BY SRI. MANJUNATHA S.V., ADVOCATE)
AND:
1. SMT. SHIVARATHNA,
D/O KRISHNAPPA,
AGED ABOUT 42 YEARS,
R/AT BELATHRU COLONY,
KADUGODI(P),
BENGALURU 560 067.
2. SRI. H. AHMAD PASHA BABU,
S/O LATE H. ABDUL WAHAB SAB,
AGED ABOUT 50 YEARS,
R/AT NO.1944.
OLD HOSPITAL ROAD,
SIDLAGHATTA TOWN,
CHIKKABALLAPUR DISTRICT.
3. SRI. T SYED MUNEER AHMAD
S/O LATE SYED GAFFAR PASHA,
AGED ABOUT 69 YEARS,
R/AT K.K. PETE,
SIDLAGHATTA TOWN,
CHIKKABALLAPUR DISTRICT.
4. SMT. GULAB JAN
W/O LATE K IMAM SHARIEF,
AGED ABOUT 70 YEARS,
R/AT KHAZI STREET,
NEAR STATE BANK OF MYSORE,
SIDLAGHATTA TOWN,
CHIKKABALLAPUR DISTRICT.
5. SRI. B. AMAJAD PASHA
S/O LATE BASHA SAB,
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WP No. 19911 of 2024
AGED ABOUT 47 YEARS,
R/AT DIDBBURAHALLI ROAD,
BEHIND PETROL BANK,
SIDLAGHATTA TOWN,
CHIKKABALLAPURA DISTRICT.
6. SRI. ARUN KUMAR
S/O SOMASHEKAR,
AGED ABOUT 28 YEARS,
R/AT KUNDALAGURKI VILLAGE,
KASABA HOBLI,
SIDLAGHATTA TALUK,
CHIKKABALLAPURA DISTRICT.
7. SRI. R. NARENDRA
S/O LATE RAJAPPA,
AGED ABOUT 40 YEARS,
R/AT WARD NO.5,
YELAHANKA STREET,
DEVANAHALLI TOWN,
BANGALORE RURAL DISTRICT.
8. SRI. RAGHU
S/O LATE HARISHANKAR,
AGED ABOUT 38 YEARS,
R/AT GANDHI NAGAR,
SIDLAGHATTA TOWN,
SIDLAGHATTA TALUK,
CHIKKABALLAPUR DISTRICT.
...RESPONDENTS
(BY SRI. OM KUMAR R., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER 19.06.2024 PASSED BY THE PRL. CIVIL
JUDGE AND JMFC SHIDLAGATTA, IN OS NO. 29/2020,
VIDE ANNEXURE-A DISMISSING THE IA NO. 20,
APPLICATION UNDER SEC 151 OF CPC DATED 27.01.2024
FILED FOR PERMISSION TO FILE WRITTEN STATEMENT
AND SUCH OTHER ORDER AS THIS HONBLE COURT DEEMS
FIT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 19911 of 2024
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
to 7 in the suit are before this Court aggrieved of the
rejections of the Interlocutory Application filed by the
petitioners seeking permission to file written
statement and to go on with the proceedings.
2. It is clear from the impugned order and the
submissions made by the learned counsel at the Bar
that the Trial Court has rejected the Application on the
ground that the Application is filed at the fag end of
the proceedings viz., when the matter has been
posted for judgment. However, on hearing the
learned counsel for the petitioners this Court finds that
in the suit filed at the hands of respondent No.1
herein/plaintiff seeking the Permanent Injunction
against the defendants, respondent No.1-Sri.H.S.
Raffeq Ahmed and others have been arraigned as the
defendants.
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3. It is the contention of defendant No.1/
petitioner No.1 herein that he is the Secretary of the
Pyaragan Educational Society and the said Society has
purchased 4 Acres of land in old Sy.No.91/A
Re.Sy.Nos.2/1, 2/9 situated at Kadadanakunte Village,
Kasaba Hobli, Shidlaghatta Taluk under a registered
sale deed dated 16.12.1979. It is stated in the written
statement filed along with the Application that one
Sri.K.Munivenkatappa was the owner of the 7 Acres
and 39 Guntas of land in the said survey number.
After his demise there was a partition in the family
and 2 Acres each fell to the share of
Sri.K.M.Ramachandrappa and Sri. Ramanjinappa. The
Pyaragan Educational Trust has purchased 4 Acres of
land from the said Sri.K.Ramachandrappa and
Sri.Ramanjinappa. Initially, there was some problem
faced by the Trust in getting the Khata registered in
the revenue records. However, subsequently, the
name of the purchaser has been registered in the
Khata.
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4. Having regard to the contentions sought to be
raised in the written statement, this Court is of the
considered opinion that the although the Application
has been filed very belatedly, nevertheless, having
regard to the judgment of the Hon'ble Supreme Court
in the case of Sylam Advocates Bar Association vs.
Union of India, (2005)6 SCC 344 which was
consequently, followed in the case of Zolba vs.
Keshao and others, (2008)11 SCC 769, wherein it
was held that the provisions including the proviso to
Order VIII Rule 1 of the CPC are not mandatory but
directory in nature and it would be open to the Court
to permit the defendant to file written statement even
after the expiry of the statutory period, in the
exceptional cases, this Court is of the considered
opinion that since defendant No.1 is claiming that an
Educational Trust viz., Pyaragan Educational Society
has purchased 4 Acres of land in Sy.No.91/A,
Re.Sy.Nos.2/1 and 2/9 and the survey number
mentioned in the suit schedule is also Sy.No.2/9, an
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opportunity should be given to the petitioners herein
to file written statement and go on with the matter.
5. Consequently, this Court proceeds to pass the
following:
ORDER
i. The writ petition is allowed while
imposing the cost of Rs.5,000/- (Rupees
Five Thousand only) on the petitioners
payable to the plaintiff before the Trial
Court.
ii. I.A.No.XX filed in O.S.No.29/2020 on the
file of Principal Civil Judge and JMFC.,
Shidlaghatta, is hereby allowed.
iii. The written statement filed by defendant
Nos.1 and 4 to 7 is taken on record.
to 7 are hereby directed to lead evidence
and enable cross-examination at the
hands of the plaintiff. If an application is
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filed by the said defendants to permit
cross-examination of the plaintiff's
witnesses, the same shall be allowed and
cross-examination shall also be
concluded.
iv. Issues shall also to be framed
accordingly, and the entire proceedings
shall be concluded within a period of two
months from 12th of August 2024.
v. The parties are hereby directed to be
present before the Principal Civil Judge
and JMFC., Shidlaghatta, on 12th of
August, 2024, without waiting for further
notice.
vi. The suit shall be disposed of within a
period of two months from today.
Sd/-
(R DEVDAS)
JUDGE
TMP
