Mr. Syed Asad Ahamed vs M/S Savoury International Hotel
2024 Latest Caselaw 6146 Kant

Karnataka High Court

Mr. Syed Asad Ahamed vs M/S Savoury International Hotel on 29 February, 2024

Author: S.R. Krishna Kumar

Bench: S.R. Krishna Kumar

                                                     -1-
                                                                  NC: 2024:KHC:8565
                                                                WP No. 4361 of 2024




                              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                                  BEFORE
                                THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
                                   WRIT PETITION NO.4361 OF 2024 (GM-CPC)


                      BETWEEN:

                      MR. SYED ASAD AHAMED
                      S/O SYED AHAMED,
                      AGED ABOUT 38 YEARS,
                      RESIDING AT NO. 1102,
                      PRESTIGE CLARKE WOOD APARTMENT,
                      NO.11, CLARKE ROAD,
                      RICHARDS TOWN,
                      BENGALURU - 560 005.


                                                                        ...PETITIONER
                      (BY SRI. MOHAMMAD NIYAZ S., ADVOCATE)



                      AND:

Digitally signed by
VANDANA S             1.     M/S. SAVOURY INTERNATIONAL HOTEL
Location: High               A PARTNERSHIP FIRM HAVING,
Court of Karnataka

                             REGISTERED OFFICE NO. 27,
                             MOSQUE ROAD,
                             FRAZER TOWN,
                             BENGALURU - 560 005.
                             REPRESENTED BY ITS PARTNERS.

                      2.     MR. KUNHI MOOSA
                             THE PARTNER,

                             M/S SAVOURY INTERNATIONAL HOTEL,
                             NO.50/7, 3RD FLOOR,
                                -2-
                                                   NC: 2024:KHC:8565
                                             WP No. 4361 of 2024




     39TH CROSS,
     16TH MAIN, 4TH BLOCK,
     JAYANAGAR,
     BENGALURU - 560041.

3.   MR. MOHAMMED ASIF UMAR
     THE PARTNER

     M/S SAVOURY INTERNATIONAL HOTEL
     S/O PAVOOR UMAR,
     AGED ABOUT 48 YEARS,
     R/AT NO. 001,
     SILVER OAK APARTMENT,
     NO. 4/2, 2ND CROSS,
     VIVEKANANDANAGAR,
     MARUTHI SEVA NAGAR,
     BENGALURU - 560 033.

                                                     ...RESPONDENTS


      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI
OR ANY WRIT / ORDER / MODIFYING THE IMPUGNED ORDER DATED
08.12.2023 PASSED ON IA NO. 1/23 IN ORIGINAL SUIT NO. 3930/2023, BY
LEARNED    LX   ADDITIONAL   CITY    CIVIL   AND    SESSION   COURT,
BENGALURU (CCH-61) VIDE ANNEXURE-A ISSUE AN ORDER OF
ATTACHMENT BEFORE JUDGMENT OF THE SCHEDULE PROPERTY
BELONGS TO THE RESPONDENT NO.3 OR DIRECT THE DEFENDANT TO
FURNISH THE SECURITY TO THE SATISFACTION OF THIS COURT THAT
MAY BE SUFFICIENT TO SATISFY THE DECREE THAT MAY BE PASSED
BY THE LEARNED TRIAL JUDGE.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:
                                  -3-
                                                NC: 2024:KHC:8565
                                            WP No. 4361 of 2024




                              ORDER

Learned counsel for the petitioner has filed a memo seeking

conversion of the writ petition into appropriate Miscellaneous First

Appeal.

Memo is taken on record.

Registry is directed to convert this Writ Petition into a

Miscellaneous First Appeal (MFA) and permit the learned counsel

for the petitioner to carry out necessary corrections in the writ

paper for the purpose of conversion of the same into a

Miscellaneous First Appeal.

Accordingly, the writ petition is disposed of for statistical

purpose.

SD/-

JUDGE

SB