IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 63926 OF 2016 (GM-CPC)

BETWEEN:

SYED BASHEER AHMED MALIK S/O LATE ALHAJ S.A. MALIK, AGED ABOUT 68 YEARS, R/AT NO.7 OSHAUGHNESSY ROAD, LANGFORD GARDEN, BANGALORE-560 025 …PETITIONER (BY SRI. H.R. ANANTHA KRISHNA MURTHY, ADVOCATE)

AND:

1. SRI. NAZEER AHMED SINCE DECEASED BY LRS Digitally signed by ROOPA R U 1(A). SMT. KHAIRUNNISA Location: H IGH COURT OF W/O LATE NAZEER AHMED KARNATAKA AGED ABOUT 50 YEARS

1(B). SRI. SADIQ S/O LATE NAZEER AHMED AGED ABOUT 25 YEARS 1(C). SMT. TABASSUM D/O LATE NAZEER AHMED AGED ABOUT 23 YEARS.

1(D). SMT. TARANUM D/O LATE NAZEER AHMED AGED ABOUT 23 YEARS.

1(E). SRI. UMME SALMA D/O LATE NAZEER AHMED AGED ABOUT 21 YEARS.

1(F). MISS MUBASHEERA SULTANA @ BABY D/O LATE NAZEER AHMED AGED ABOUT 20 YEARS ALL THE LR'S 1(A) TO 1(F) ARE R/AT 33/3, IST FLOOR, IST MAIN ROAD, PUKRAJ LAYOUT, MICO GATE INDUSTRIAL ROAD, BENGALURU-560 030.

2. SRI ANSAR DEAD BY LRS

2(A). SMT. SYEDA NAZIMA W/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 48 YEARS.

2(B). SRI. SYED MOHSIN S/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 42 YEARS.

2(C). SYEDA SUMAYA D/O. LATE SYED ANSAR SAB ZAWARI AGED ABOUT 38 YEARS.

2(D). SYEDA SADIYA D/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 36 YEARS.

2(E). SYEDA SAJIDA D/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 33 YEARS 2(F). SYEDA TAMANNA D/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 30 YEARS.

2(G). SYEDA ZUBAIR S/O LATE SYED ANSAR SAB ZAWARI AGED ABOUT 25 YEARS.

ALL ARE R/AT NO.9/1 CHURCH ROAD, 2^ND CROSS, BASAVANAGUDI, BANGALORE-560 004.

3. SRI. AKTHAR S/O LATE ABDUL RAWOOF PORTION OF PROPERTY NO.57, 6^TH CROSS H. SIDDAIAH ROAD BENGALURU-560 027

4. SRI. AFSAR S/O LATE ABDUL RAWOOF PORTION OF PROPERTY NO.57, 6^TH CROSS, H. SIDDAIAH ROAD, BENGALURU-560 027.

5. SRI. ARUN KUMAR S/O LATE SHIVARUDRAIAH PORTION OF PROPERTY NO.57, 6^TH CROSS, H. SIDDAIAH ROAD, BENGALURU-560 027. 6. SRI. MALLESH S/O LATE SHIVARUDRAIAH PORTION OF PROPERTY NO.57, 6^TH CROSS, H. SIDDAIAH ROAD, BENGALURU-560 027. 7. SMT. LALITHA, W/O. B. L. KESHAVAMURTHY, AGED ABOUT 68 YEARS, R/AT: NO.201, GR PEARL APARTMENTS, CHUNCHAGATTA MAIN ROAD, J.P.NAGAR 7^TH PHASE, BENGALURU - 560 078.

…RESPONDENTS (BY SRI. A.M. SURESH REDDY, ADVOCATE FOR R3 & R4;

SRI. JAYANTH VENKAT RAM, ADVOCATE FOR R7;

V/O/D 12.02.2024, NOTICE TO R1(A) TO R1(G), R5 & R6 NOTICE THROUGH PAPER PUBLICATION IS ACCEPTED;

V/O/D 08.03.2021 NOTICE TO R2(A) TO R2(G) IS H/S)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 14.11.2016 IN O.S.2253/2013 PASSED ON I.A.19 PASSED BY THE HON'BEL CITY CIVIL JUDGE AT BENGALURU AT ANNEXURE-F AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

This petition is filed by the plaintiffs in O.S No.2253/2013 which filed against the respondents herein for relief of judgment and decree directing the defendants/respondents to quit, deliver and vacate possession of the suit schedule property and for payment of arrears of rent and mesne profits, pending consideration on the file of City Civil Court CCH-3, Bengaluru. It appears that defendant No.5 filed a memo dated 25.11.2014 which reads as under:

MEMO The Defendant No.5 submits as follows:-

It is informed by the brother of the 5^th Defendant that defendant No.5 was expired and possession of Schedule premises has been handed over to their landlord Smt.Lalitha.

The copy of letter addused to counsel of the Defendant No.5 and death certificate are herewith produced for kind perusal of this Hon'ble Court. Wherefore, it is most humbly prayed this Hon'ble Court may kindly be pleased to take this memo on record, in the ends of justice and equity.

2. Since, in the aforesaid memo the brother of defendant No.5 has averred that, he has handed over the portion of the suit property which was in possession defendant No.5, to one Smt.Lalitha, whom he claims to be the