Karnataka High Court
Mrs. S M Rizwana Begum vs Smt. R Vijayalakshmi on 23 October, 2024
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WA No. 769 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 769 OF 2024 (GM-POLICE)
BETWEEN:
MRS. S.M. RIZWANA BEGUM
W/O LATE S.M. MUNEER,
AGED ABOUT 58 YEARS,
R/AT NO. 86, OLD NO. 14,
RICHMOND ROAD,
BENGALURU 560 025
...APPELLANT
(BY SRI. DHARMENDRA TYAGI, ADVOCATE FOR
SRI. ABHIJIT VERMA, ADVOCATE)
AND:
Digitally
signed by 1. SMT. R. VIJAYALAKSHMI
PRABHAKAR
SWETHA W/O LATE B.R. RANGASWAMY,
KRISHNAN AGED ABOUT 68 YEARS
Location:
High Court of
Karnataka 2. MS. B.R. SUPRIYA
D/O LATE B.R. RANGASWAMY,
AGED ABOUT 49 YEARS
3. MR. B.R. DILIP KUMAR,
S/O LATE B.R. RANGASWAMY,
AGED ABOUT 41 YEARS
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4. MRS. SHUBHA ROMESH PATEL
D/O LATE B.R. RANGASWAMY,
W/O MR. ROMESH VIJAY PATEL,
AGED ABOUT 45 YEARS,
RESIDING AT NO. 191, 3RD CROSS,
18TH MAIN ROAD, 6TH BLOCK,
KORAMANGALA,
BENGALURU 560 095
5. MR. B.R. KAVITHA
D/O LATE B.R. RANGASWAMY,
AGED ABOUT 42 YEARS
6. MR. B.R. KASTURI RANGAIAH,
S/O LATE B.R. RANGASWAMY,
AGED ABOUT 41 YEARS
NOS. 1 TO 3, 5 AND 6 ARE
RESIDING AT NO. 101,
RAILWAY PARALLEL ROAD,
KUMARA PARK WEST,
BENGALURU 560 020
7. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
HOME DEPARTMENT,
MULTI STORIED BUILDING,
AMBEDKAR VEEDHI,
BENGALURU 560 001.
8. DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE,
KARNATAKA,
NRUPATHUNGA ROAD,
BENGALURU 560 001
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9. COMMISSIONER OF POLICE
BENGALURU CITY,
INFANTRY ROAD,
BENGALURU 560 001
10. DEPUTY COMMISSIONER OF POLICE
BENGALURU CENTRAL,
CUBBON PARK POLICE STATION COMPOUND,
KASTURBA ROAD,
BENGALURU 560 001
11. ASSISTANT COMMISSIONER OF POLICE,
CUBBON PARK SUB-DIVISION,
COMMISSIONERATE ROAD,
BENGALURU 560 025
12. ASHOKNAGAR POLICE STATION
COMMISSIONERATE ROAD,
BENGALURU 560 025
13. MR. M. ABDUL KAREEM
SON OF LATE S.M. MUNEER,
AGED ABOUT 33 YEARS.
14. MS. HEENA KAUSER
DAUGHTER OF LATE S.M. MUNEER,
AGED ABOUT 32 YEARS
15. MS. AMREEN KAUSER
DAUGHTER OF LATE S.M. MUNEER,
AGED ABOUT 28 YEARS
16. MR. TOUSIF PASHA
SON OF LATE S.M. MUNEER,
AGED ABOUT 27 YEARS
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WA No. 769 of 2024
ALL ARE RESIDING AT
NO.86, OLD NO.14,
RICHMOND ROAD,
BENGALURU 560 025.
17. MR. SYED IQBAL
SON OF LATE SABJAN,
AGED ABOUT 58 YEARS,
RESIDING AT NO.33/6
A.M. ROAD, KALASIPALYA
BENGALURU 560 002
...RESPONDENTS
(BY SRI. K.S. HARISH, GA FOR R7 TO R12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE INTERIM
ORDER PASSED IN THE LEARNED SINGLE JUDGE OF THIS
HONBLE COURT IN WP No-11640/2023 DATED 07.06.2023 IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
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WA No. 769 of 2024
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
While this latest filed writ appeal accompanies the
application for condonation of delay, when the order impugned
in the appeal was noticed from the record of the appeal papers,
it could be immediately seen that said order dated 07.06.2023
brought under challenge in the appellate jurisdiction is an
interim order.
2. Learned Single Judge has only issued notice to the
respondents which is accepted by the learned Additional
Government Advocate. Learned Single Judge has thereafter
restrained the respondents from interfering with peaceful
possession of the petitioners-respondents herein till the next
date of hearing.
3. There is no gainsaying that by very nature of the order
which is interim, the rights of the parties are not finally
crystallized. There is no trapping of finality in the order to
make it amenable to the appellate jurisdiction. In the
aforesaid view, this Court is not inclined to entertain the said
NC: 2024:KHC:42639-DB
order in appeal. The petition is pending at large to be
considered on merits before learned Single Judge.
4. It would be open for the petitioner to raise all contentions
including in relation to the interim order passed to be
considered by the learned Single Judge in accordance with law.
5. With such limited observations, the writ appeal is
dismissed.
In view of dismissal of the writ appeal, the pending
interlocutory applications would not survive and they stand
accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
YN
