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2022 Supreme(Online)(Kar) 52555
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
W.P. NO.6547 OF 2021 (GM-CPC)
BETWEEN:
1 . SHAIK MASTAN MEHABOOB JAN
S/O LATE KHALEEL-UR-REHMAN @ MEHBOOB JAN
AGED ABOUT 34 YEARS
R/AT NO. 24/1-2
2 . MOHEMMAD SADATH MEHABOOB JAN
S/O LATE KHALEEL-UR-REHMAN @ MEHBOOB JAN
AGED ABOUT 33 YEARS
R/AT NO. 24/1-2
3 . MASOOD MEHABOOB JAN
S/O LATE KHALEEL-UR-REHMAN @ MEHBOOB JAN
AGED ABOUT 30 YEARS
PETITIONERS 1 TO 3 ARE R/AT NO. 24/1-2
BORE BANK ROAD, BENSON TOWN
BENGALURU – 560046
PETITIONERS 1 TO 3 ARE REP. BY THEIR
GPA HOLDER
MR. AFZAL RAHMAN JAN
AGED ABOUT 45 YEARS
S/O LATE KHALEEL-UR-REHMAN @ MEHABOOB JAN
NO. 24/1-2, BORE BANK ROAD,
BENSON TOWN
BENGALURU - 560046
2
...PETITIONERS
(BY SRI SURESH S LOKRE, SENIOR ADVOCATE FOR
SRI SHRAVAN S LOKRE, ADVOCATE)
AND
1 .
MR. T R SHEKHAR
S/O LATE T RAMACHANDRA
AGED ABOUT 69 YEARS
R/AT NO. 309, 7TH ‘A’ MAIN
1ST BLOCK, HRBR LAYOUT
KALYANAGAR
BENGALURU – 560 043.
2 .
MRS. T R REKHA
D/O LATE RAMACHANDRA
AGED ABOUT 56 YEARS
R/AT NO. 108, COLES ROAD,
FRAZER TOWN
BENGALURU – 560 005.
3 .
MRS. T R NANDINI
D/O LATE RAMACHANDRA
AGED ABOUT 53 YEARS
R/AT CHANNAPPA COMPOUND
KADUGONDANAHALLI
ARABIC COLLEGE POST
BENGALURU – 560 025
4 .
MRS. MEERA SUBAIAH
W/O LATE T R HARISH
AGED ABOUT 53 YEARS
R/AT FLAT NO.6, METROPOLITAN APARTMENTS
HAINES ROAD, FRAZER TOWN
BENGALURU – 560005.
5 .
MR. FAZLUR REHAMAN @ AMEER JAN
S/O LATE M A LATHEEF
AGED ABOUT 72 YEARS
3
6 .
MR. AZEER-UR-REHMAN@ AHMED JAN
S/O LATE M A LATHEEF
AGED ABOUT 60 YEARS
7 .
MR. IMTIAZ JAN
S/O LATE M A LATHEEF
AGED ABOUT 49 YEARS
8 .
MR. RAHAMATH ABDUL LATHEEF
S/O LATE M A LATHEEF
AGED ABOUT 53 YEARS
9 .
MR. SHAHNAWA MOHD. ABDUL LATHEEF
S/OLATE M A LATHEEF
AGED ABOUT 46 YEARS
RESPONDENT NOS. 5 TO 9 ARE
R/AT NO. 33/2, NEW NO. 33/4
ULSOOR ROAD,
BENGALURU 560042.
AND ALSO AT NO.16
XAVIER LAYOUT, 4TH CROSS
BENGLAURU 560047
10 . MR. AFZAL REHMAN JAN
S/O LATE KHALEEL-UR-REHMAN @ MEHBOOB JAN
AGED ABOUT 36 YEARS
R/AT NO. 24/1-2, BORE BANK ROD,
BENSON TOWN
BENGALURU – 560 046
11 . MR. AZHAR
S/O AHMED JAN
AGED ABOUT 31 YEARS
12 . MR. ASIM
S/O AHMED JAN
4
AGED ABOUT 29 YEARS
13 . MR. REHAN
S/O AHMED JAN
AGED ABOUT 26 YEARS
RESPONDENT NOS. 11 TO 13 AE
R/AT NO. 33/2, NEW NO. 34/4
ULSOORE ROAD,
BENGLAURU – 560042
AND ALSO AT NO.16
XAVIER LAYOUT, 4TH CROSS
BENGALURU - 560047
....RESPONDENTS
(BY SRI SUNEEL S NARAYAN, ADVOCATE FOR R1 TO 4;
NOTICE TO R5 TO 13 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED
DATED
22.03.2021
ON
I.A.NO.4
IN
EX.P.NO.15135/2020 PASSED BY THE V ADDITIONAL SMALL
CAUSES JUDGE AND XXIV ACMM, COURT OF SMALL CAUSES MAYO
HALL UNIT, BENGALURU VIDE ANNEXURE-A AND CONSEQUENTLY
ALLOW THE APPLICATION IN I.A.NO.4
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Writ Petition is filed by the judgment debtors 7 to 9 in
Execution Petition No.15135 of 2020, on the file of V Additional
Small Causes Judge and XXIV ACMM Court of Small Causes,
5
Mayo Hall Unit, Bengaluru, challenging the order dated
22.03.2021, dismissing the application-IA.4.
2.
Respondents
1
to
have
initiated
eviction
proceedings against the defendants in SC No.15307 of 2017 and
the trial Court by judgment dated 14.03.2019 allowed the
petition directing the defendants 1 to 12 to quit and deliver
vacant possession of the suit schedule property to the plaintiffs
within thirty days from the date of the order. Thereafter, the
decree holder has filed Execution Petition No.15135 of 2020. In
the said execution proceedings, the Executing Court has passed
the
impugned
order
dated
22.03.2021,
dismissing
the
application filed by the judgment debtors seeking recalling the
delivery warrant.
3.
During the course of the proceedings the petitioners
herein, who are judgment debtors 7 to 9 have filed affidavit of
undertaking and paragraph 1 of the affidavit reads as under:
“1. I submit that I am the General Power of Attorney
holder representing the petitioners No.1, 2 and 3, and
myself who is shown as respondent No.10 in the petition I
submit that my brothers who are the Petitioners’ No.1, 2
6
and 3 and myself have been in possession of the suit
schedule property and in view of the recent developments
in the Contempt Petition, we have offered to voluntarily
vacate and deliver vacant possession of the suit schedule
property on 15th June, 2022 without driving the plaintiffs
in S.C.No.15307/2017 to seek exeuction proceedings to
remove us. I submit that I am duly authorised and
empowered to enter into this Affidavit binding on the
Petitioners Nos.1, 2 and 3 who are my brothers and we
will not sub-let or sub-lease or underlet the suit schedule
property during this period.”
4.
Heard, Sri. Shravan S. Lokre, learned Senior counsel
appearing for the petitioners. Sri. Suneel S. Narayan, learned
counsel appearing for the respondents 1 to 4 submitted that the
General Power of attorney holder of judgment debtors 7 to 9–
Afzal Rehman Jan, is present before the court.
5.
Considering the fact that the parties to the
proceedings, have settled the matter as the petitioners herein
have agreed to vacate and deliver the vacant possession of the
suit schedule property to the respondents herein on or before
the 15th June 2022, in terms of the affidavit of undertaking
dated 20.04.2022, filed before the court and in that view of the
7
matter, the writ petition is disposed of recording the affidavit of
undertaking made by the petitioners/judgment debtors 7 to 9.
Sri Suneel S. Narayan, learned counsel appearing for the
respondents 1 to 4 submitted that respondents 1 to 4 will not
precipitate the matter before the Executing Court and in the
contempt proceedings till 15.06.2022.
Sd/-
JUDGE
SB
