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2025 DAILYLAW 45644 (KAR)

SMT. YASMEEN FARIDI v. SMT. NAZNEEN SHARIFF

WP/3927/2025 · 2025-02-27

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8556 WP No. 3927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3927 OF 2025 (GM-CPC) BETWEEN: 1. SMT. YASMEEN FARIDI SINCE DECEASED BY HER LRS FARAH FARIDI AGED ABOUT 35 YEARS D/O LATE MR. ABDUL JALIL FARIDI NO.23-B ASHOK MARG LUCKNOW-226 001. 2. ANUSH FARIDI KHAN W/O MR.M. SAQIN KHAN AGED ABOUT 33 YEARS D/O LATE MR. ABDUL JALIL FARIDI NO.649, 4TH CROSS 3RD BLOCK KORAMANGALA,BANGALORE-560 034. 3. ARSHEEN FARIDI AGED ABOUT 32 YEARS D/O LATE MR. ABDUL JALIL FARIDI NO.23-B, ASHOK MARG LUCKNOW-226001. PETITIONERS 1 & 3 ARE REPRESENTED BY GPA HOLDER PETITIONER NO.2. …PETITIONERS (BY SRI. SYED KHAMRUDDIN.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8556 WP No. 3927 of 2025 AND: 1. SMT. NAZNEEN SHARIFF AGED ABOUT 62 YEARS D/O LATE B A SHARIFF NO.18, DR. OMER SHARIFF ROAD BASAVANAGUDI, BANGALORE-560004. 2. THE BRUHAT BENGALURU MAHANAGAR PALIKE, H.O. J.C. ROAD, BANGALORE-560006 BY ITS COMMISSIONER. 3. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGAR PALIKE KEMPEGOWDANAGAR SUB-DIVISION LIC COLONY, BANGALORE-560009. …RESPONDENTS (BY SRI.B.S. SATHYANAND., ADVOCATE FOR R2 & R3: NOTICE TO R1 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDERARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE TRIAL COURT TO DISPOSE OF THE MATTER IN OS NO. 1670/2016 C/W OS NO. 2969/2016 PENDING BEFORE THE HONBLE V ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-13) WITHIN A SPECIFIED PERIOD OF TIME VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioners seeking for a direction to the V Addl. City Civil and Sessions Judge, Bengaluru, to - 3 - NC: 2025:KHC:8556 WP No. 3927 of 2025 dispose of O.S.No.1670/2016 filed by the respondent No.1 herein and O.S.No.2969/2016 filed by the petitioners herein, as expeditiously as possible. 2. Since the prayer sought by the petitioners is only for a direction to the Trial Court to dispose of the suits at the earliest, service of notice to respondent No.1 is not necessary and hence service of notice to respondent No.1 is dispensed with. 3. The petitioners herein have filed O.S.No.2969/2016 seeking for partition and separate possession and respondent No.1 herein has filed O.S.No.1670/2016 seeking for cancellation of katha and mandatory injunction. 4. Learned counsel for the petitioners submits that both the suits have been clubbed together and the matter has been set down for framing additional issues before the Trial Court. - 4 - NC: 2025:KHC:8556 WP No. 3927 of 2025 5. In that view of the matter, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of both the suits as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 33