Mr A K Khadar Shariff vs Mrs Sufia Begum on 5 June, 2012

[Cites 3, Cited by 1]

Karnataka High Court

Mr A K Khadar Shariff vs Mrs Sufia Begum on 5 June, 2012

Bench: S.Abdul Nazeer

                                  1


    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

          DATED THIS THE 05th DAY OF JUNE, 2012

                             BEFORE

       THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

            WRIT PETITION No.16080/2012 (HRC)

BETWEEN:

MR.A.K.KHADAR SHARIFF,
AGED ABOUT 59 YEARS
S/O LATE ABDUL KHALAQ,
R/AT NO.13, 2ND CROSS,
JAGAJEEVANARAM NAGAR,
BANGALORE - 560 018.                   ... PETITIONER

       (BY SRI S.SYED BASHA, ADV.)


AND

1      MRS.SUFIA BEGUM,
       W/O LATE SRI MIRZMOHAMMED
       ZAKIULLA BAIG,
       AGED ABOUT 56 YEARS
       NO.54, LALBAGH FORT ROAD,
       BANGALORE - 560004.

2      MR. K.ISMAIL SHERIFF,
       S/O LATE MR. ABDUL KHALIQ,
       2ND SHOP FROM EAST
       NO.54, LALBAGH FORT ROAD
       BANGALORE - 560 004              ... RESPONDENTS

       (BY SRI K. SURESH, ADV.)
                                   2

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DT.19.1.12 PASSED ON IA FILED UNDER ORDER 1 RULE 10(2) CPC,
FOR IMPLEADING IN HRC NO.82/2011 AT ANN-H & ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:


                             ORDER

In this case, petitioner has called in question the validity of the order dated 19.1.2012 in HRC No.82/2011 on the file of the Chief Judge, Court of Small Causes, Bangalore, whereby his for impleading himself as additional respondent has been rejected.

2. Having heard the learned counsel for the petitioner, I do not find any merit in this case. According to the petitioner, he is also doing business along with his brother Sri K.Ismail Sheriff (respondent in the eviction petition). The lease deed at Annexure-A would clearly show that Sri Mirza Mohammed Zakiulla Baig, the husband of the landlady has let out the premises in favour of K.Ismail Sheriff. That is why after the death of Sri Mirza Mohammed Zakiulla Baig, his wife Sufia Begum has filed the eviction petition against Sri Ismail Sheriff. The court below on 3 proper consideration of the facts and circumstances has rejected the application. I do not find any error in the order. Writ petition is dismissed. No costs.

Sd/-

JUDGE KLY/

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Karnataka High Court