Mohammed Rafeeq vs Prabhat Amashi

Type Court Judgment Court Karnataka Orders Decided Mar 27, 2024

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Citation: sooperkanoon.com/1902771
Court: Karnataka Orders High Court
Judge: R. Nataraj
Decided On: Mar 27, 2024
Case Number: WP/31650/2019

Parties & Advocates

Appellant / Petitioner

Mohammed Rafeeq

Respondent

Prabhat Amashi

Excerpt

.....39 years, 1(c) nikhil amashi s/o late prabhat amashi aged about 32 years, both residing at no.47, hal 3rd stage, bengaluru-560075.2. suresh dhalbhajans/o late sundar, 69 years, ground floor, c-type, bda flat, austin town, bangalore-560047. …respondents (by sri. uday k.s., advocate for legal representatives of deceased respondent no.1; vide order dated 03.02.2020, service of notice to respondent no.2 is held sufficient) this writ petition is filed under articles 226 and 227of the constitution of india praying to quash of annexures-r and s the orders dated 30.1.2019 passed lxiv additional city civil and sessions judge, court hall no.65, bengaluru on i.a.no.10 and i.a.no.11 in o.s.no.4493/16. this petition, coming on for preliminary hearing in 'b' group, this day, the court made the following:orderlearned counsel for the petitioner after arguing the petition at length, sought permission to withdraw this petition.2. after hearing the learned counsel for the petitioner,this court felt that this writ petition is a thoroughly mischievous -3- petition intended to protract the proceedings before the trial court. as a result of this, the proceedings before the trial court is halted for over four years.3. in that view of the matter, this writ petition isdismissed as withdrawn. however, the petitioner herein is directed to pay cost of rs.20,000/- (rupees twenty thousand only) payable to the respondent no.1/plaintiff (since deceased represented by his legal representatives) before the trial court on the next date of hearing.4. it is made clear the if the petitioner fails to pay thecost as stated above, the trial court will be at liberty to strike off the defence of the defendants and proceed in accordance with law. sd/- judge pmr list no.: 1 sl no.: 31

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 31650 OF 2019 (GM-CPC) BETWEEN: MOHAMMED RAFEEQ S/O. LATE JAFAR SHARIFF, AGED ABOUT 50 YEARS, GROUND FLOOR, C-TYPE, BDA FLAT, AUSTIN TOWN, BANGALORE-560047 …PETITIONER (BY SRI. S. MRUTHYUNJAYA, ADVOCATE) AND:
1. PRABHAT AMASHI S/O DUNDAPPA AMASHI,
Digitally             HAL 3 STAGE,
signed by BS          BENGALURU-560075.
RAVIKUMAR             REPRESENTED BY HIS WIFE AND
Location:             GPA HOLDER

HIGH COURT OF SMT. LATHA PRABHAT AMASHI KARNATAKA SINCE DEAD BY LRS 1(a) LATHA PRABHAT AMASHI W/O LATE PRABHAT AMASHI, HAL 3RD STAGE, BENGALURU-560075. 1(b) MS. NAINA AMASHI D/O LATE PRABHAT AMASHI -2- AGED ABOUT 39 YEARS, 1(c) NIKHIL AMASHI S/O LATE PRABHAT AMASHI AGED ABOUT 32 YEARS, BOTH RESIDING AT NO.47, HAL 3RD STAGE, BENGALURU-560075.

2. SURESH DHALBHAJAN

S/O LATE SUNDAR, 69 YEARS, GROUND FLOOR, C-TYPE, BDA FLAT, AUSTIN TOWN, BANGALORE-560047. …RESPONDENTS (BY SRI. UDAY K.S., ADVOCATE FOR LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NO.1; VIDE ORDER DATED 03.02.2020, SERVICE OF NOTICE TO RESPONDENT NO.2 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF ANNEXURES-R AND S THE ORDERS DATED 30.1.2019 PASSED LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COURT HALL NO.65, BENGALURU ON I.A.NO.10 AND I.A.NO.11 IN O.S.NO.4493/16. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the petitioner after arguing the petition at length, sought permission to withdraw this petition.

2. After hearing the learned counsel for the petitioner,

this Court felt that this writ petition is a thoroughly mischievous -3- petition intended to protract the proceedings before the Trial Court. As a result of this, the proceedings before the Trial Court is halted for over four years.

3. In that view of the matter, this writ petition is

dismissed as withdrawn. However, the petitioner herein is directed to pay cost of Rs.20,000/- (Rupees Twenty Thousand only) payable to the respondent No.1/plaintiff (since deceased represented by his legal representatives) before the Trial Court on the next date of hearing.

4. It is made clear the if the petitioner fails to pay the

cost as stated above, the Trial Court will be at liberty to strike off the defence of the defendants and proceed in accordance with law. Sd/- JUDGE PMR List No.: 1 Sl No.: 31

Same Court & Year Karnataka Orders · 2024 Same Parties Mohammed Rafeeq vs Prabhat Amashi Same Judge R. Nataraj