- 1 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.31812/2019 (GM-CPC) BETWEEN: 1. MR. SYED SHAFEEQ AHMED S/O LATE S.A. WAHEED AGED ABOUT 62 YEARS. 2. MR. SYED RAFEEQ AHMED S/O LATE S.A. WAHEED AGED ABOUT 60 YEARS. SINCE DEAD BY LR'S. a) SMT. MUMTAZ BEGUM W/O LATE SYED RAFIQ AHMED AGED ABOUT 56 YEARS. b) SRI. SYED RASIQ AHMED S/O LATE SYED RAFIQ AHMED AGED ABOUT 35 YEARS. c) SRI. SYED SHAREEKH AHMED S/O LATE SYED RAFIQ AHMED AGED ABOUT 31 YEARS. ALL ARE R/AT. NO.21 K.B. MANSION, 5TH CROSS 1ST FLOOR SIDDAIAH ROAD BANGALORE-560027. …PETITIONERS (BY SMT. BHAVANA G.K. ADV.,) AND: 1. MRS. SHAHEENA BEGUM W/O MR. H.S. ATAULLA Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 AGED ABOUT 65 YEARS R/AT. NO.13, 2ND CROSS PEMMIAH BLOCK, J C NAGAR BANGALORE 560006. MRS. MOHSINA BEGUM W/O MR. MOHAMMED SHARIEF. SINCE DECEASED BY HER LRS. 2. MR. IQBAL SHARIEF S/O MOHAMMED SHAREIF AGED ABOUT 75 YEARS. 3. MR. IKRAMULLA SHARIEF S/O IQBAL SHARIEF AGED ABOUT 44 YEARS. RESPONDENTS NO.2 AND 3 R/AT. NO.38/1, 1ST CROSS 'A' STREET, N.K. PALYA SHIVAJI ROAD, SHIVAJINAGAR BANGALORE 560051. 4. MRS. TANZILLA KOUSER W/O PRAVEEZ SHARIEF D/O IQBAL SHARIEF AGED ABOUT 45 YEARS R/AT. NO.3, 'C' STREET NALA ROAD, SHIVAJINAGAR BANGALORE 560051. 5. MRS. TALATH KOUSER W/O USMAN SHARIEF D/O IQBAL SHARIEF AGED ABOUT 42 YEARS R/A NO.6, SHAIKHNATHAD LANE SHIVAJINAGAR, BANGALORE-560051. 6. MRS. SHAISTA KOUSER W/O MOHAMMED SIRAJUDDIN D/O IQBAL SHARIEF AGED ABOUT 40 YEARS R/AT. NO.E, 177/199 BEHIND NEW NOBEL SCHOOL - 3 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 NAGAVARA BANGALORE 560045. 7. MRS. ANJUM KOUSER W/O ABDUL REHMAN D/O IQBAL SHARIEF AGED ABOUT 38 YEARS R/AT NO.73/1, RAHMATNAGAR R T NAGAR MAIN ROAD R T NAGAR POST BANGALORE 560032. 8. MR. MUZAMMIL SHARIEF S/O MR. YAQOOB SHARIEF AGED ABOUT 40 YEARS. 9. MR. MUDASSIR SHARIEF S/O MR. YAQOOB SHARIEF AGED ABOUT 37 YEARS. RESPONDENTS 8 AND 9 ARE R/A NO.9, FORT, F STREET BEHIND BANGALORE MEDICAL COLLEGE KALASIPALYAM, BANGALORE-560002. 10. MRS. REHANA BEGUM W/O MR. SYED ASLAM PASHA AGED ABOUT 56 YEARS R/AT NO.25, 8TH CROSS NEAR MARINA SCHOOL N G PALYA, BTM 1ST STAGE BANGALORE-560029. 11. MRS. SAMEENA QUAISER W/O MR. QUAISER AHMED AGED ABOUT 46 YEARS R/AT. NO.12/E, 9TH STREET BROADWAY ROAD CROSS SHIVAJINAGAR, BANGALORE 560051. …RESPONDENTS (BY SRI. A. MADHUSUDHANA RAO, ADV., FOR R1 TO R11) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER - 4 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 DTD.12.07.2019 PASSED BY THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN FDP NO.38/2O14 (ANNX-A) WHEREIN THE TRIAL COURT HAS DIRECTED THE COMMISSIONER TO HOLD THE SALE OF SCHEDULE PROPERTY THROUGH PUBLIC AUCTION ON 13.08.2019 AND SALE THROUGH COURT ON 14.08.2019 AND REPORT THE SAME ON 16.08.2019 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking for the following relief: "Set aside the order dated 12.07.2019 passed by the XX Additional City Civil and Sessions Judge at Bangalore in FDP No.38/2014 (Annexure-A) wherein the Trial Court has directed the Commissioner to hold the sale of Schedule Property through public auction on 13.08.2019 and sale through court on 14.08.2019 and report the same on 16.08.2019." 2. Smt.Bhavana G. K., learned counsel appearing for the petitioners submits that the suit filed by the respondents for partition and separate possession was decreed and the same was the subject matter of RFA No.573/2014 and this Court, in the said regular first appeal has stayed the drawing of final decree until further orders. However, the FDP Court is proceeding with the matter and has directed the Commissioner to hold the sale of the petition schedule property through public - 5 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 auction under the impugned order which is under challenge. It is submitted that the order of the FDP Court is contrary to the order of this Court in RFA No.573/2014 and if the public auction is conducted, the third party interest would come in which would create further complication in the matter. Hence, she seeks stay of the order till the regular first appeal is decided. 3. Per contra, Sri.A.Madhusudhana Rao, learned counsel appearing for the respondents submits that this writ petition itself is not maintainable. The appropriate remedy for the petitioners would be to file an application in the pending regular first appeal and to seek relief. It is submitted that this Court in RFA No.573/2014 has stayed only the drawing of final decree and hence, there is no infirmity in the impugned order. Therefore, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioners, learned counsel for the respondents and perused the material available on record. I have given my anxious consideration to the submissions advanced by both the sides. - 6 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 5. The undisputed facts are that the suit for partition and separate possession was decreed which was challenged by the petitioners herein in RFA No.573/2014. This Court, in the aforesaid proceedings has passed the following order: "This application is filed by the learned counsel for appellants for stay. In the light of the statements made in the affidavit accompanying the application and for the reasons stated therein, I.A.No.2/2014 is allowed. Drawing up of Final Decree is stayed, until further orders." 6. It is not in dispute that this Court, in the aforesaid appeal did not stay the proceedings in FDP No.38/2014. The FDP Court, vide order dated 12.07.2019 has directed the Commissioner to conduct the sale of the petition schedule property through public auction on 13.08.2019 and through Court on 14.08.2019 and issued warrant to the Commissioner/Sale Officer. The said order is under challenge in this petition. There is no doubt that the final decree proceedings are not stayed in the regular first appeal referred supra. In my considered view, if the Court Commissioner conducts the sale as directed by the FDP Court, third party interest would come in and it would lead to multiplicity of the - 7 - HC-KAR NC: 2025:KHC:23977 W.P. No.31812/2019 proceedings. Therefore, the interest of justice would be met if the FDP Court would be directed to defer the sale till the disposal of the regular first appeal. 7. For the aforementioned reasons, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The order dated 12.07.2019 passed in FDP No.38/2014 by the XX Additional City Civil and Sessions Judge, Bengaluru, is set aside. The FDP Court is restrained from proceeding further with the sale of the petition schedule property till the disposal of the regular first appeal. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 35