IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

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1 1 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 8 TH DAY OF JANUARY, 2015 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO.39217/2012 (GM-CPC) BETWEEN SRI ANSAR PASHA S/O LATE MOHD MASTAN PASHA SAHEB AGED ABOUT 65 YEARS R/AT NO.9 MILLAR ROAD BANGALORE 52. PETITIONER (BY SRI.AMIT DESHPANDE, ADV.,) AND 1. SMT. SAJIDA BI W/O LATE ABDUL BABA SAHEB AGED ABOUT 71 YEARS 2. SRI IMTIYAZ PASHA AGED ABOUT 52 YEARS 3. SRI KHAMAR PASHA AGED ABOUT 47 YEARS 4. SRI FAYAZ PASHA AGED ABOUT 45 YEARS 5. SRI AZEED PASHA

2 2 AGED ABOUT 42 YEARS 6. SRI ASLAM PASHA AGED ABOUT 37 YEARS 7. SMT SIRAJ BEGUM D/O LATE ABDUL SATTAR BABA SAHEB AGED ABOUT 64 YEARS W/O JANAB FIRDOSE R/AT NO.421, FAYAZ BUILDING IOOISUTE BILAL BAKERY NEAR WATER TANK, MUSLIM COLONY TANNERY ROAD, BANGALORE 8. SMT FARIDA BEGAM BY HER LEGAL HEIRS a. SRI FAROOQ PASHA S/O MUNEER PASHA b. SRI FAZIL PASHA S/O MUNEER PASHA c. NASREEN BEGUM D/O MUNEER PASHA RESPONDENTS 8(a) to (c) ARE R/A DEVARAGUNAHALLI VILLAGE KATGENAHALLI POST HOSKOTE TALUK BANGALORE SMT SHAHNAZ BEGUM D/O LATE ABDUL SATTAR BABA SAHIB AGED ABOUT 45 YEARS W/O JAHAB UBAIDULLA R/A NO.16, DHANAKOTI LANE THIMMAIAH ROAD CROSS BANGALORE SMT MUMTAZ BEGUM D/O LATE ABDUL SATTAR SAHIB

3 BABA SAHIB W/O ZARRULLA AGED ABOUT 47 YEARS R/A NO.16, DHANAKOTI LANE THIMMAIAH ROAD CROSS BANGALORE SMT NASEEM BEGUM BY LEGAL HEIRS a. SRI AFZAL KHAN S/O KAREEM KHAN b. SRI ASIF KHAN S/O AFZAL KHAN c. SRI ARROZE KHAN S/O AFZAL KHAN d. HIDAYATH KHAN S/O AFZAL KHAN e. MS SUBIA KHANUM D/O AFZAL KHAN RESPONDENTS 11(a) TO (e) ARE R/A NO.146, CHIKK BAZAR ROAD SHIVAJINAGAR BANGALORE SMT. MUBEENA BEGUM AGED ABOUT 41 YEARS, D/O LATE ABDUL SATTAR BABA SAHIB W/O JANAAB MOIN KHAN, R/AT No. 66/B, 6 TH MAIN, D CRISSM BALAJINAGAR, BANGALORE

4 4 13. SMT. MUJEEBA BEGUM, D/O LATE ABDUL SATTAR BABA SAHIB AGED ABOUT 38 YEARS, W/O JANAAB SYED NAHID, R/A No. 27/1, SUSHEELA ROAD, CHIKA MAVALLI, BANGALORE 14. SRI.NISAR PRASHA AGED ABOUT 61 YEARS, S/O LATE MOHD MASTAN PASHA SAHEB, R/AT NO.47/2, ANJANEYA TEMPLE STREET, MARAPPA GARDEN, BANGALORE SRI.MUNEER PASHA AGED ABOUT 60 YEARS, S/O LATE MOHD MASTAN PASHA SAHEB, R/AT FAROOQ MANSION, DOOR NO.11, 5 TH CROSS, GANESH BLOCK, DINNUR MAIN ROAD, R.T NAGAR, BANGALORE SRI.MUQHTIAR PASHA AGED ABOUT 59 YEARS, S/O LATE MOHD MASTAN PASHA SAHEB, A.M. FARM OF HAL BASHA, R/O KATTIGEHALLI VILLAGE OF HOSKOTE TALUK, BANGALORE RURAL DISTRICT 17. SRI.ASHARAF PASHA AGED ABOUT 57 YEARS, S/O LATE MOHD MASTHAN PASHA SAHEB, R/A NO.2/5, NEW NO. 68 MILLERS ROAD, BENSON TOWN, BANGALORE SRI.AFZAL PASHA AGED ABOUT 56 YEARS, S/O MOHD PASHA SAHEB R/AT NO. 10/1, MILLERS ROAD, BANGALORE 52.

5 5 19. MR. GULAB PASHA S/O. LATE MOHD MASTHAN BASHA SAHEB, AGE:, NO.15, GULMOHAR APARTMENTS, BUDDHA VIHAR ROAD, FRAZER TOWN, BANGALORE 20. SRI.RIYAZ PASHA S/O. LATE MOHD MASTHAN BASHA SAHEB, AGE: 50 YEARS, R/AT NO. 9, MILLERS ROAD, BANGALORE SRI. ILLIYAS PASHA S/O LATE MOHD MASTHAN PASHA SAHEB AGED ABOUT 45 YEARS, R/A NO.37 & 38, VENKATAPPA ROAD, TASKER TOWN, BANGALORE MR. AJAZ PASHA S/O LATE MOHD MASTHAN PASHA SAHEB AGED ABOUT 36 YEARS, R/A NO.10/1, MILLERS ROAD, BANGALORE SMT. REHANA BEGUM D/O LATE MOHD MASTHAN SAHEB, PASHA SAHEB, AGED ABOUT 46 YEARS, R/AT NO.13, CASHURINA STREET, THIMMAIAH ROAD, BANGALORE SRI NUSRATH PASHA AGED ABOUT 63 YEARS, S/O LATE ABDUL SATTAR BABA SAHIB, R/AT NO.37 & 38, VENKTAPPA ROAD, TASKER TOWN, BANGALORE

6 6 25. SMT. BATULA BEGUM S/O NUSRATH PASHA, AGED ABOUT 59 YEARS, R/A NO.37 & 38, VENKATAPPA ROAD, TASKER TOWN, BANGALORE SMT SARDAR BEGUM W/O AFZAL PASHA, AGED ABOUT 40 YEARS, R/AT NO.10/1, MILLERS ROAD, BANGALORE M/S PURVANKARA PROJECTS LTD NO.130/1, ULSOOR ROAD, BANGALORE-42, REPRESENTED BY ITS DIRECTOR, MR. GIRISH PURAVANKARA. 28. M/S GOLDEN GATE PROPERTIES LTD NO.820, 80 FEET ROAD, 8 TH BLOCK, KORAMANGALA, BANGALORE , REPRESENTED BY ITS DIRECTOR MR.SANJAY RAJ. 29. SRI G.K SAINATH AGED ABOUT 64 YEARS, S/O ALTE G.S.KRISHNAIAH SHETTY, NO.81, IBRAHIM SAHEB STREET, BANGALORE SRI NOORULLA SHRIEFF SON OF GULAM HUSSAIN SHARIEFF, AGED ABOUT 55 YEARS, NO.74, 4 TH MAIN ROAD, MUNIRAMU BLOCK, GANGANAGAR, BANGALORE.

7 7 31. SRI SYED NAJMUL HASSAN SALEH S/O HAJI MEER MOHAMMED SALEH, AGED ABOUT 44 YEARS, R/A NO.16, SALEH CENTER, CUNNINGHAM ROAD, BANGALORE SHABBIR A NAGARIA S/O.A.D.NAGARIA, AGED ABOUT 59 YEARS, R/A NO.3/4, LADY CURZON ROAD, SHIVAJINAGAR, BANGALORE. 33. ABBAS A NAGARIA S/O.A.D. NAGARIA, AGED ABOUT 45 YEARS, R/A NO.3/4, LADY CURZON ROAD, SHIVAJINGAR, BANGALORE. 34. ZULFIKA NAGARIA S/O.A.D. NAGARIA, AGED ABOUT 48 YEARS, R/A NO.3/4, LADY CURZON ROAD, SHIVAJINGAR, BANGALORE. RESPONDENTS (BY SRI. MOHAMMED USMAN SHAIKH, ADV., FOR R11 [A-E]; NOTICE TO R1-R10 & R12 TO R34 DISPENSED WITH VIDE ORDER DTD ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT , VIDE ANNX-E PASSED BY THE LEARNED ADDL. CITY CIVIL JUDGE AT MAYOHALL, BANGALORE IN OS.N.15687/06 ON IA FOR AMENDMENT AND ETC. THIS WRIT PETITION COMING ON FOR PRL.HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

8 8 ORDER Suffice it to notice that the Additional City Civil Judge, [CCH No.29], Mayohall Unit, Bengaluru, having failed to assign reasons and findings to allow unnumbered application under Order VI Rule 17 CPC, filed by the plaintiffs without extending an opportunity to the defendants to file their objections, by order dated in OS No.15687/2006 suffers from an error apparent on the face of the record, since violative of the Rule of audi alteram partem. 2. Petition is allowed. 3. Order dated in OS No.15687/2006 on the file of Additional City Civil Judge, [CCH No.29], Mayohall Unit, Bengaluru, is quashed and proceeding remitted for fresh consideration by affording reasonable opportunity of hearing, including filing of objections by the defendants

9 9 and to pass order strictly in accordance with law by recording reasons and findings. AN/- Sd/- JUDGE