Karnataka High Court
Mr. Adam Ahmed Sait vs Messrs Gold Enterprises on 11 December, 2018
Author: B.M.Shyam Prasad
Bench: B.M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO.4557 OF 2014(CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.4558 OF 2014,
MISCELLANEOUS FIRST APPEAL NO.4901 OF 2014,
MISCELLANEOUS FIRST APPEAL NO.4902 OF 2014
IN M.F.A. NO.4557/2014:
BETWEEN:
1. MR. ADAM AHMED SAIT
AGED ABOUT 69 YEARS
SON OF AHMED ADNAN SAIT
PRESENTLY RESIDING AT
# 29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
2. MRS. FAREEDA ADAM
AGED ABOUT 61 YEARS
WIFE OF ADAM AHMED SAIT
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
3. MR. MOHAMMED SALMAN ADAM
AGED ABOUT 38 YEARS
SON OF ADAM AHMED SAIT
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
2
BENSON TOWN
BANGALORE - 560 008.
4. MRS. AMRIN SALMAN
AGED ABOUT 31 YEARS
WIFE OF MOHAMMED SALMAN ADAM
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
... APPELLANTS
(BY M/S REGO AND REGO, ADVOCATE)
AND:
1. MESSRS GOLD ENTERPRISES
A FIRM CONSTITUTED UNDER THE
PROVISIONS OF THE INDIAN PARTNERSHIP
ACT, 1932 WITH ITS OFFICE FORMERLY AT
NO.79/1, 2ND CROSS, LAVELLE ROAD
BANGALORE - 560 001, AND LATER AT
T-02/03, IIIRD FLOOR, "GOLD SIGNATURE"
NO.95, MOSQUE ROAD
FRAZER TOWN, BANGALORE - 560 005
AND NOW AT #5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043
REPRESENTED BY ITS MANAGING PARTNER
MR. MOHAMED SHABBIR.
2. MR. MOHAMED SHABBIR
AGED ABOUT 49 YEARS
SON OF HAJI ISMAIL SAIT
FORMERLY OF T-02/03, IIIRD FLOOR
"GOLD SIGNATURE"
NO.95, MOSQUE ROAD
FRAZER TOWN, BANGALORE - 560 005
AND NOW AT # 5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTHER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043.
3
3. MRS. NIKHAT SHABBIR
AGED ABOUT 44 YEARS
WIFE OF MOHAMED SHABBIR
FORMERLY OF T-02/03, IIIRD FLOOR
"GOLD SIGNATURE", NO.95
MOSQUE ROAD, FRAZER TOWN
BANGALORE - 560 005, AND NOW AT
# 5 AC, 3RD FLOOR, 981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043.
4. MR. GHOUSE RAHIM KHAN
AGED ABOUT 41 YEARS
SON OF LATE A. RAHIM KHAN
PRESENTLY RESIDING AT
NO.40, BAZAAR STREET
NEELASANDRA
BANGALORE - 560 047.
... RESPONDENTS
(BY SMT. SHOBHA S BHAVIKATTI, ADVOCATE FOR C/R.4,
SRI M.G.S. KAMAL, ADVOCATE FOR C/ R.2 AND R.3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED.10.04.2014
PASSED ON I.A.NO.1 & 2 IN O.S.NO.1627/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT,
BANGALORE, DISMISSING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 &
2 READ WITH SECTION 151 OF CPC AND DISMISSING I.A.NO.2 FILED
UNDER ORDER 39 RULE 4 OF CPC.
IN M.F.A. NO.4558/2014:
BETWEEN:
1. MR. ADAM AHMED SAIT
AGED ABOUT 69 YEARS
SON OF AHMED ADNAN SAIT
PRESENTLY RESIDING AT
# 29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
4
2. MRS. FAREEDA ADAM
AGED ABOUT 61 YEARS
WIFE OF ADAM AHMED SAIT
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
3. MR. MOHAMMED SALMAN ADAM
AGED ABOUT 38 YEARS
SON OF ADAM AHMED SAIT
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
4. MRS. AMRIN SALMAN
AGED ABOUT 31 YEARS
WIFE OF MOHAMMED SALMAN ADAM
PRESENTLY RESIDING AT
#29/1, BENSON 4TH CROSS
BENSON TOWN
BANGALORE - 560 008.
... APPELLANTS
(BY M/S REGO AND REGO, ADVOCATE)
AND:
1. MESSRS GOLD ENTERPRISES
A FIRM CONSTITUTED UNDER THE
PROVISIONS OF THE INDIAN PARTNERSHIP
ACT, 1932 WITH ITS OFFICE FORMERLY AT
NO.79/1, 2ND CROSS, LAVELLE ROAD
BANGALORE - 560 001, AND LATER AT
T-02/03, IIIRD FLOOR, "GOLD SIGNATURE"
NO.95, MOSQUE ROAD
FRAZER TOWN, BANGALORE - 560 005
AND NOW AT #5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043
REPRESENTED BY ITS MANAGING PARTNER
MR. MOHAMED SHABBIR.
5
2. MR. MOHAMED SHABBIR
AGED ABOUT 49 YEARS
SON OF HAJI ISMAIL SAIT
FORMERLY OF T-02/03, IIIRD FLOOR
"GOLD SIGNATURE"
NO.95, MOSQUE ROAD
FRAZER TOWN
BANGALORE - 560 005
AND NOW AT # 5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTHER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043.
3. MRS. NIKHAT SHABBIR
AGED ABOUT 44 YEARS
WIFE OF MOHAMED SHABBIR
FORMERLY OF T-02/03, IIIRD FLOOR
"GOLD SIGNATURE", NO.95
MOSQUE ROAD, FRAZER TOWN
BANGALORE - 560 005, AND NOW AT
# 5 AC, 3RD FLOOR, 981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043.
4. MR. GHOUSE RAHIM KHAN
AGED ABOUT 41 YEARS
SON OF LATE A. RAHIM KHAN
PRESENTLY RESIDING AT
NO.40, BAZAAR STREET
NEELASANDRA
BANGALORE - 560 047.
... RESPONDENTS
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(R) READ WITH OF CPC, AGAINST THE ORDER
DATED.10.04.2014 PASSED ON I.A.NO.1 & 2 IN O.S.NO.1627/2013 ON
THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE
RURAL DISTRICT, BANGALORE, DISMISSING I.A.NO.1 FILED UNDER
ORDER 39 RULE 1 & 2 CPC AND ALLOWING I.A.NO.II FILED UNDER
ORDER 39 RULE 4 OF CPC.
6
IN M.F.A. NO.4901/2014:
BETWEEN :
1. MR. MOHAMED ATIQ ELIAS
AGED ABOUT 38 YEARS
SON Of LATE ELIAS SAIT
PRESENTLY RESIDING AT NO.16/1
HUTCHINS ROAD, 5TH CROSS
"B" MAIN, ST. THOMAS TOWN
BANGALORE - 560 084.
2. MRS. RAHMATH BANU
AGED ABOUT 64 YEARS
W/O LATE ELIAS SAIT
PRESENTLY RESIDING AT NO. 16/1
HUTCHINS ROAD, 5TH CROSS
"B" MAIN, ST. THOMAS TOWN
BANGALORE - 560 084.
... APPELLANTS
(BY SRI.ARJUN PASCAL REGO, ADVOCATE FOR REGO AND
REGO ASSOCIATES)
AND:
1. MESSRS GOLD ENTERPRISES
A FIRM CONSTITUTED UNDER THE PROVISIONS
OF THE INDIAN PARTNERSHIP ACT, 1932
WITH ITS OFFICE FORMERLY AT
NO. 79/1, 2ND CROSS
LAVELLE ROAD
BANGALORE-560001 AND
LATER AT T-02/03, IIIRD FLOOR
"GOLD SIGNATURE",
NO. 95, MOSQUE ROAD
FRAZER TOWN BANGALORE-560005
AND NOW AT # 5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTER RING ROAD
KALYAN NAGAR
7
BANGALORE-560043
REPRESENTED BY ITS
MANAGING PARTNER
MR. MOHAMED SHABBIR.
2. MR. MOHAMED SHABBIR
AGED ABOUT 49 YEARS
SON OF HAJI ISMAIL SAIT
FORMERLY OF T-02/03
IIIRD FLOOR "GOLD SIGNATURE"
NO. 95,MOSQUE ROAD,
FRAZER TOWN, BANGALORE - 560 005
AND NOW AT# 5, AC
3RD FLOOR, 981, HRBR 1ST BLOCK
OUTER RING ROAD
KALYAN NAGAR
BANGALORE - 560 043.
3. MRS NIKHAT SHABBIR
AGED ABOUT 44 YEARS
WIFE OF MOHAMED SHABBIR
FORMERLY OF T-02/03
IIIRD FLOOR, GOLD SIGNATURE
NO. 95 MOSQUE ROAD, FRAZER TOWN
BANGALORE - 560 005, AND NOW AT
# 5, AC,3RD FLOOR,981
HRBR 1ST BLOCK
OUTER RING ROAD
KALYAN NAGAR
BANGALORE - 560 043.
4. MR. GHOUSE RAHIM KHAN
AGED ABOUT 41 YEARS
SON OF LATE A. RAHIM KHAN
PRESENTLY RESIDING AT
NO. 40, BAZAAR STREET
NEELASANDRA
BANGALORE - 560 047.
... RESPONDENTS
(BY SMT : SHOBHA BHAVIKATTI, ADVOCATE FOR C/R4 AND
SRI : M.G.S KAMAL, ADVOCATE FO C/R1 AND R2)
8
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43
RULE 1(r) OF CPC, AGAINST THE ORDER DATED10.04.2014 PASSED
ON I.A.NO.1 & 2 IN O.S.NO.1634/2013 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT,
BANGALORE, DISMISSING I.A.NO.1 FILED UNDER ORDER 39 RULE 1
& 2 OF CPC, AND ALLOWING I.A.NO.II FILED UNDER ORDER 39 RULE
4 OF CPC.
IN M.F.A. NO.4902/2014:
BETWEEN :
1. MR. MOHAMED ATIQ ELIAS
AGED ABOUT 38 YEARS
SON Of LATE ELIAS SAIT
PRESENTLY RESIDING AT NO.16/1
HUTCHINS ROAD, 5TH CROSS
"B" MAIN, ST. THOMAS TOWN
BANGALORE - 560 084.
2. MRS. RAHMATH BANU
AGED ABOUT 64 YEARS
W/O LATE ELIAS SAIT
PRESENTLY RESIDING AT NO. 16/1
HUTCHINS ROAD, 5TH CROSS
"B" MAIN, ST. THOMAS TOWN
BANGALORE - 560 084.
... APPELLANTS
(BY SRI. ARJUN PASCAL REGO, ADVOCATE FOR REGO AND
REGO ASSOCIATES)
AND:
1. MESSRS GOLD ENTERPRISES
A FIRM CONSTITUTED UNDER THE PROVISIONS
OF THE INDIAN PARTNERSHIP ACT, 1932
WITH ITS OFFICE FORMERLY AT
NO. 79/1, 2ND CROSS LAVELLE ROAD
BANGALORE-560001 AND
9
LATER AT T-02/03, IIIRD FLOOR
"GOLD SIGNATURE" NO. 95,
MOSQUE ROAD, FRAZER TOWN
BANGALORE-560005 AND NOW
AT # 5 AC, 3RD FLOOR
981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043
REPRESENTED BY ITS
MANAGING PARTNER
MR. MOHAMED SHABBIR.
2. MR. MOHAMED SHABBIR
AGED ABOUT 49 YEARS
SON OF HAJI ISMAIL SAIT
FORMERLY OF
T-02/03, IIIRD FLOOR
"GOLD SIGNATURE" NO. 95
MOSQUE ROAD, FRAZER TOWN
BANGALORE - 560 005
AND NOW AT# 5, AC
3RD FLOOR, 981, HRBR 1ST BLOCK
OUTER RING ROAD, KALYAN NAGAR
BANGALORE - 560 043.
3. MRS NIKHAT SHABBIR
AGED ABOUT 44 YEARS
WIFE OF MOHAMED SHABBIR
FORMERLY OF T-02/03
IIIRD FLOOR, GOLD SIGNATURE
NO. 95 MOSQUE ROAD, FRAZER TOWN
BANGALORE - 560 005,AND NOW AT
# 5, AC,3RD FLOOR,981
HRBR 1ST BLOCK, OUTER RING ROAD
KALYAN NAGAR, BANGALORE - 560 043.
4. MR. GHOUSE RAHIM KHAN
AGED ABOUT 41 YEARS
SON OF LATE A. RAHIM KHAN
PRESENTLY RESIDING AT
NO. 40, BAZAAR STREET
NEELASANDRA, BANGALORE - 560 047.
... RESPONDENTS
10
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED10.04.2014
PASSED IN O.S.NO.1634/2013 ON THE FILE OF THE I ADDITIONAL
SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE,
DISMISSING I.A.NO.1 FILED UNDER ORDER 39 RULE 1 & 2 READ
WITH SECTION 151 OF CPC, AND ALLOWING I.A.NO.2 FILED UNDER
ORDER 39 RULE 4 OF CPC.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants in these appeals submits that the present appeals are filed impugning the order/s passed by the I Addl. Senior Civil Judge (for short, 'learned Civil Judge') in O.S. No.1627/2013 and O.S.No.1634/2013 vacating the ad interim ex-parte injunction restraining the respondents, who are common to these appeals, from alienating the subject property. The suits in O.S.Nos.1627/2013 and 1634/2013 are filed by separate plaintiffs (respective appellants in these appeals) relying upon separate sale agreements seeking specific performance with appropriate alternative reliefs. The applications were filed in these suits apprehending certain development in the 11 respective properties which would have been detrimental to the appellants' - plaintiffs' rights. However, during the pendency of these appeals, the respondents - defendants have abandoned the project. Therefore, the appeals could be disposed of as having become infructuous with liberty to the appellants - plaintiffs to file appropriate application in the event there were to be any cause for such application/s.
2. In view of these submissions, the appeals are disposed of as having become infructuous reserving liberty to the appellants - plaintiffs to file appropriate application/s in the event there were to be any cause for such application/s, and observing that the learned Civil Court shall dispose of such application/s on merits without being influenced by the reasons assigned in the impugned orders.
SD/-
JUDGE SA