Veerbhadrappa Son Of Ghaleppa Kavalas ... vs Ahmad Mohinoddin Jabbar & Ors on 10 October, 2014

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Karnataka High Court

Veerbhadrappa Son Of Ghaleppa Kavalas ... vs Ahmad Mohinoddin Jabbar & Ors on 10 October, 2014

Bench: Dilip B. Bhosale

                                1




          IN THE HIGH COURT OF KARNATAKA
                  GULBARGA BENCH

     DATED THIS THE 10TH DAY OF OCTOBER 2014

                          BEFORE

     THE HON'BLE MR.JUSTICE DILIP B. BHOSALE

       WRIT PETITION No.200037/2014 (GM-CPC)

BETWEEN:

1.     Veerbhadrappa S/o Ghaleppa Kavalas
       Age about: 85 years,
       Occ: Agriculture
       R/o Vidya Nagar Colony Bidar.

2.     Ashok S/o Parbayya Pola
       Age about: 57 years,
       Occ: Business & Agriculture,
       R/o Near Chowbara Bidar.

                                            ... Petitioners
(By Sri. K.M.Ghate, Advocate)

AND:

1. Abdul Jabbar Died Per Lrs

       A. Ahemad Mohinoddin Jabbar
          S/o Late Abdul Jabbar,
          Age about:50 years,
          Occ: Business,
          R/o House No.16-3-835/1,
          Near Chanchalguda Jail,
          Chanchalguda Hyderabad,
          AP-400010.
                              2




     B. Mohd Awaiz Gazee S/o Lare Abdul
        Jabbar, Age About: 48 years,
        Occ: Business,
        R/o H.No. 16-3-835/1,
        Near Chanchalguda Jail,
        Chanchalguda Hyderabad,
        AP-400010.

     C. Aisha Begum @ Rubina
        D/o Late Abdul Jabbar
        Age about 46 years,
        Occ: Household,
        R/o H.No.16-3-835/1,
        Near Chanchalguda Jail,
        Chanchalguda Hyderabad,
        AP-400010.

2. Ahemed Ubedullaha Saheb
   S/o Late Abdul Jabbar
   Age about 52 years,
   Occ: Business,
   R/o H.No.16-3-835/1,
   Near Chanchalguda Jail,
   Chanchalguda Hyderabad,
   AP-400010.

3. Rukhiya Begum Died-Deleted As
   LRs A, B, C and defendant No.2,
   Defendant No.4 are already on
   Record.

4. Aktharunissa Begum
   D/o Late Abdul Jabbar
   Age about 54 years,
   Occ: Household,
   R/o H.No. 16-3-835/A,
   Near Chanchalguda Jail,
   Chanchalguda Hyderabad,
   AP-400010.
                               3




5. Abdul Razaq S/o Abdul Aziz
   Aged about 60 years,
   Occ: Agriculture and Business,
   R/o of Noorkhan Taleem,
   Bidar-585401.
                                               ... Respondents

(By Sri. Ameet Kumar Deshpande, Advocate for R8) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to issue writ of certiorari, quashing order passed by 2nd Addl. Civil Judge, Bidar in Civil Misc.No.11/2010 dated 21st December 2013 vide Annexure-A and etc. This petition coming on for Preliminary hearing this day, the Court made the following:

PC:

Heard learned counsel for the parties.

2. Learned counsel for the petitioners submits that the petitioners would be satisfied if directions are issued to the Court below to consider and decide Civil Miscellaneous No.11/2010 within time frame. Learned counsel appearing for respondent No.8 has no objection for issuing such direction.

3. Having regard to overall facts and circumstances of the case and nature of the order, impugned in the present writ 4 petition, I am satisfied that the following order shall meet the ends of justice:

The Court below (II Additional Civil Judge, Bidar) shall consider and decide Civil Miscellaneous No.11/2010 on merits in accordance with law, as expeditiously as possible and preferably within a period of three months from today. The petitioners are directed to communicate this order to the concerned Court within a period of two weeks from today. All contentions on merits are kept open.

Sd/-

JUDGE swk

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