Abidabi vs. Nazeema Banu
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Krishna S Dixit
Listed On:
6 Sept 2019
Order Text
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.38860 OF 2019 (GM-CPC)
BETWEEN:
-
- SMT. ABIDABI, W/O ABDUL SAB, AGED ABOUT 50 YEARS, HOUSE HOLD, R/O NO.134/7, BESIDE SIGRAHALLI RICE MILL, NEAR JOGA BABA NAGAR, DAVANAGERE-577 001.
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- MAQBOOL SAB, S/O DODDAMANE HUSSAIN SAB, AGED ABOUT 45 YEARS, R/O NO.134/7, BESIDE SIGRAHALLI RICE MILL, NEAR JOGAL BABA NAGAR, DAVANAGERE-577 001.
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- DRIVER BAKSHI, S/O DODDAMANE HUSSAIN SAB, AGED ABOUT 43 YEARS, R/O NO.134/7, BESIDE SIGRAHALLI RICE MILL, NEAR JOGAL BABA NAGAR, DAVANAGERE-577 001.
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- SHABBEER SAB, S/O D.HUSSAIN SAB, AGED ABOUT 36 YEARS, R/O NO.134/7, BESIDE SIGRAHALLI RICE MILL, NEAR JOGAL BABA NAGAR, DAVANAGERE-577 001.
... PETITIONERS
(BY SRI. SANTHOSH R.NELKUDRI, ADVOCATE)
AND
-
- SMT. NAZEEMA BANU, W/O H.H.AHMED ALI KHAN, AGED ABOUT 53 YEARS, HOUSE HOLD AND LANDLORD, R/O D.NO.248/R, N.R.ROAD, DAVANAGERE-577 001.
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- ARFATH KHAN, S/O LATE H.H.AHEMD ALI KHAN, AGED ABOUT 34 YEARS, BUSINESS, R/O D.NO.248/R, N.R.ROAD, DAVANAGERE-577 001.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.08.2019 PASSED ON I.A.NO.XXVI IN O.S.NO.180/2008 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT DAVANAGERE AS PER ANNEXURE-E; AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners being the defendants in a declaration suit in O.S.No.180/2008 filed by the respondents herein are invoking the writ jurisdiction of this Court seeking invalidation of the impugned order dated 07.08.2019, a copy whereof is at Annexure-E whereby the learned Principal Civil Judge, Davanagere having favoured respondent-plaintiffs' application in I.A.No.26 filed under order VI Rule 17 read with Section151 of CPC, 1908 has granted leave to amend the plaint.
- Having heard the learned counsel for the petitioners and having perused the petition papers, this Court declines to interfere in the matter since the petitioners have a deferred alternate remedy inasmuch as the grievance made herein can be made before the Appellate Court if & when they suffer an adverse decree, in terms of the Order 43 Rule 1A read with Section 105 of CPC, 1908; there is no extraordinary situation warranting the grant of writ remedy.
In the above circumstances, the Writ Petition is disposed off, reserving liberty accordingly.
Sd/- JUDGE
DS
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