Karnataka High Court
Mohammed Shafi Abdul Rahim Mulla vs The President on 29 October, 2024
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NC: 2024:KHC-D:15814
MFA No. 101232 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101232 OF 2021 (CPC)
BETWEEN:
MOHAMMED SHAFI ABDUL RAHIM MULLA,
PRESIDENT AND SECRETARY, INTIZAMIA WAQFS,
AGE: 50, COMMITTEE (HANSI SUNNI),
UTTARA KANNADA, DISTRICT - 581 401.
...APPELLANT
(BY SRI LINGESH V. KATTEMANE, ADVOCATE)
AND:
1. THE PRESIDENT,
AGRICULTURE PRODUCE MARKETING,
COMMITTEE SIRSI, A.P.M.C. YARD SIRSI,
UTTARA KANNADA DISTRICT - 581 401.
2. THE PRESIDENT,
IDAGA AHALEDISH AND TAHSLEDISH
JAMIYA MASIZID C.P. BAJAR SIRSI,
Digitally signed
UTTARA KANNADA DISTRICT - 581 401.
by SAROJA
HANGARAKI ...RESPONDENTS
Location: High
Court of
(BY SRI RAJSHEKHAR R. GUNJALLI, ADVOCATE FOR
Karnataka
SRI C.S.PATIL, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MFA IS FILED U/O.XLIII RULE 1(R) R/W SECTION 104 OF
THE CODE OF CIVIL PROCEDURE, PRAYING TO, CALL FOR RECORDS.
SET ASIDE ORDER DATED 05.10.2021 PASSED BY THE SENIOR CIVIL
JUDGE SIRSI, ON I.A. NO. 1 IN O.S.NO.74/2021 AND TO ALLOW THE
APPLICATION IN THE ENDS OF JUSTICE AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
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NC: 2024:KHC-D:15814
MFA No. 101232 of 2021
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present appeal is filed by the plaintiff calling in
question the order dated 05.10.2021, passed on I.A No.I
in O.S No.74/2021, on the file of Senior Civil Judge, Sirsi1.
2. The relevant facts in brief leading to the present
appeal are that the appellant/plaintiff instituted a suit in
O.S No.74/2021 before the Trial Court for injunction. In
the said suit, the appellant/plaintiff filed I.A No.I for
temporary injunction. The Trial Court, by its order dated
05.10.2021, ordered for issuance of suit summons and
notice on the interim applications. Being aggrieved, the
present appeal is filed.
3. Heard the submissions of learned counsel
Sri.Lingesh.V.Kattemane for the appellant and learned
counsel Sri.Rajshekhar.R.Gunjalli for learned counsel
Sri.C.S.Patil for respondent No.1.
Hereinafter referred to as the 'Trial Court'
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4. Although various contentions have been put forth
by the learned counsel for the appellant, which is sought
to be contested by the learned counsel for respondent
No.1, the learned counsel for respondent No.1 has placed
on record a copy of the order dated 17.06.2021, passed in
W.P No.100922/2021 and submits that in a similar suit in
O.S No.81/2020, the Trial Court, had rejected the
application for interim injunction and the First Appellate
Court in M.A No.8/2020 had granted injunction and
permitted the 1st defendant committee to close the gate
between 10.00 p.m. to 5.00 a.m., only if a security guard
is deployed for opening the gate in between the said
closure period. The challenge made to the said order
passed in M.A No.8/2020 in W.P No.100922/2021 was
dismissed by this Court vide order dated 17.06.2021.
5. In view of the aforementioned, having regard to
the fact that in respect of a similar factual aspect and suit
property since the order as noticed above has been
NC: 2024:KHC-D:15814
passed, it is expedient that similar orders are passed in
the present case also.
6. Hence, the present writ petition as well as I.A
No.I filed by the appellant/plaintiff in O.S No.74/2021 is
disposed off by holding that, during pendency of the suit in
O.S No.74/2021, the 1st defendant is permitted to close
the gate between 10.00 p.m. to 5.00 a.m., only if the
security guard is deployed for opening the gate in between
the said closure period.
7. All the contentions of parties are left open.
Sd/-
(C.M. POONACHA)
JUDGE
PMP
CT-ASC
