Karnataka High Court
Mr Shanawaz Pasha vs Mr Shaik Ibrahim on 5 June, 2024
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NC: 2024:KHC:19487
WP No. 10228 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 10228 OF 2024 (GM-CPC)
BETWEEN:
MR. SHANAWAZ PASHA,
S/O LATE HAJEE HANIF SAB,
AGED ABOUT 55 YEARS,
R/AT NO.162, NEAR URDU SCHOOL,
M.S. PALYA, VIDYARANYAPURA,
BANGALORE - 560 097.
...PETITIONER
(BY SRI. SADANAND G. SHASTRI, ADVOCATE)
AND:
MR. SHAIK IBRAHIM,
S/O S.K. SHAIK MAHAMOOD,
DOOR NO.245, MANJUNATH NAGAR,
1ST CROSS, NAGASANDRA POST,
Digitally TUMKUR ROAD, BANGALORE - 560 073.
signed by V
MANJUSHA ...RESPONDENT
BAI
Location: THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
High Court THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
of Karnataka CERTIORARI OR THE LIKE, BY SETTING ASIDE ORDER DATED
10/04/2023 IN IA NO.1/23 IN OS NO.25570/2023 IN
I.A.NO.01/23 ON THE FILE OF THE COURT OF THE XXVIII
ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-29) AT
BANGALORE, MAYO HALL UNIT AT ANNEXURE-B AND
CONSEQUENTLY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY THROUGH VIDEO CONFERENCING /
PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:19487
WP No. 10228 of 2024
ORDER
1. The petitioner on the ground that he entered into a
Sale Agreement to purchase the suit schedule property
and that he has paid the entire sale consideration and that
he has been put in possession of the suit schedule
property filed O.S.No.25570/2023 with the following
prayer:
"WHEREFORE, the plaintiff prays that this
Hon'ble court may be pleased to pass
judgment and decree of permanent
injunction against the defendant and his
agents, supporters, henchmen, etc and
or any other person/s claiming under or
through them restraining them from
interfering in the peaceful possession,
occupation and enjoyment of plaint
schedule property in any manner except
with the due process of law and to grant
such other relief/s as this Hon'ble court
deems fit to grant in the circumstances of
the case including order as to cost of the
suit in the ends of justice and equity."
2. He also filed an application under Order 39 Rules 1
NC: 2024:KHC:19487
and 2 of the CPC with the following prayer:
"For the reasons stated in the
accompanying affidavit the Plaintiffs pray
that this Hon'ble court may be pleased to
grant temporary injunction restraining the
defendants, their agents, workers,
associates from alienating, mortgaging,
encumbering creating third party interest
of the Application schedule property
without due process of law, in any manner
and as the matter is one of urgency hence
this Hon'ble Court may be pleased to
dispense with the notice of this application
to the defendants and grant an ad-interim
temporary injunction to the same effect
pending disposal of the application in the
interest of justice and equity."
3. The trial Court has refused an ex-parte interim order
and has issued summons to the defendant. Aggrieved by
the same, the present writ petition is filed.
4. The case of the petitioner is that he entered into a
Sale Agreement to purchase the suit schedule property
and he has paid the entire sale consideration and he has
NC: 2024:KHC:19487
been put in possession of the same by the respondent.
When asked a question about the proof of his possession
of the suit schedule property, attention of the Court is
drawn to a photocopy of the unregistered Sale Agreement
on Rs.50/- stamp paper.
5. Admittedly, the Sale Agreement is not registered. It
is not adequately stamped. Under the circumstances, the
Court cannot look into the said Sale Agreement to grant
any relief in favour of the petitioner and the same is
required to be impounded.
6. Under the circumstances, I do not find any error in
the order passed by the trial Court. For the said reasons,
the Writ Petition is hereby dismissed.
Pending Interlocutory Applications, if any, stand
disposed of.
Sd/-
JUDGE
CH
