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2025 DAILYLAW 56813 (KAR)

SRI. NKP ABDUL AZEEZ v. SMT. FAIZYA FAROOK

WP/17874/2025 · 2025-09-08

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17874 OF 2025 (GM-CPC) BETWEEN: SRI. NKP ABDUL AZEEZ S/O LATE HAJI C ABDUL RAHIM AGED ABOUT 60 YEARS NO.22, COLES ROAD, FRAZER TOWN, BENGALURU NORTH BENGALURU-560 005. …PETITIONER (BY SRI. SIDDHARTH SUMAN, ADVOCATE) AND: 1. SMT. FAIZYA FAROOK W/O MOHAMMED ADIL AMEEN AGED ABOUT 39 YEARS PRESENTLY RESIDING AT NO. 117, CUNNINGHAM ROAD, OPP. C.I.E. LIMITED, BENGALURU - 560 052. 2. M/S LUEURR, A PARTNERSHIP FIRM REGISTERED OFFICE AT FIRST FLOOR, AL-NOOR, NO. 82/2, MOSQUE ROAD, FRAZER TOWN BENGALURU-560 005. 3. SMT. M. MAIMMUNISA BEGUM @ SMT. AYESHA KHAN, D/O MOHAMMED MASTAN VALI AGED ABOUT 28 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 NO. 51, WARD NO. 15, COURT MOHALLAH, 1ST CROSS, NEAR MILLER PET MASJID, BELLARY-583 101 4. SRI. MOHAMED HUMER ULLA KHAN S/O GHOUSE KHAN AGED ABOUT 34 YEARS, 3RD FLOOR, SHARIF RESIDENCY, NO.5/1, 4TH CROSS, 1ST MAIN ROAD, MD BLOCK, CHAMRAJPET, BENGALURU- 560 018 5. MRS. SAHIBA MUSTAFA NEHVI D/O MR. GULAM MUSTAFA NEHVI, AGED ABOUT 58 YEARS NO.41/2139, HAZEE COTTAGE MUNACAUD, THIRUVANTHAPURAM, KERALA-560 005. …RESPONDENTS (BY SRI. BHARGAVA.D.BHAT, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASHING THE ORDER DATED 25.03.2025 AND SUBSEQUENTLY ON 10.06.2025 PASSED BY THE HON'BLE COMMERCIAL COURT JUDGE, BENGALURU (CCH-86) IN EXECUTION NO. 764/2024 ON I.A. FILED BY THE DECREE HOLDER/RESPONDENT UNDER ORDER 21, RULE 54 OF CPC AND 151 OF CODE OF CIVIL PROCEDURE FOR ATTACHMENT OF MOVABLE PROPERTY AGAINST THE PETITIONERS (I.E. ANNEXURE-A) AND TO CONSEQUENTLY DISMISS I.A NO. 2 FILED BY THE RESPONDENT IN THE HON'BLE TRIAL COURT IN EXECUTION NO.764/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayer: "(a) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the order dated 25.03.2025 ad subsequently on 10.06.2025 passed by the Hon'ble Commercial Court Judge, Bengaluru (CCH-86) in Execution No.764/2024 on I.A. filed by the Decree Holder/Respondent under Order 21, Rule 54 of CPC and 151 of Code of Civil Procedure for attachment of movable property against the Petitioners (i.e. Annexure-A) and to consequently dismiss I.A No. 2 filed by the Respondent in the Hon'ble Trial Court in Execution No.764/2024 (i.e., Annexure-K) (b) to award costs and grant such other relief as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Siddharth Suman, learned counsel appearing for the petitioner, Sri. Bhargava D. Bhat, learned counsel appearing for the caveator/respondents and have perused the material on record. 3. Showing indulgence to the petitioner, this Court on 14.07.2025, had passed the following order: - 4 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 "This Court, on 30.06.2025, had passed the following order: "The learned counsel appearing for the petitioner submits that a petition has been filed challenging the proceedings before the commercial O.S. and would be listed before the co-ordinate bench at any time and would submit that the next date before the concerned Court is 15.07.2025. In that light, list this matter on 09.07.2025. Subject to the aforesaid condition, it is made clear that on 09.07.2025, if the learned counsel would not place on record any order passed by the co-ordinate bench, appropriate orders would be passed." The matter stands adjourned by two weeks enabling the petitioner to move a memo before the Division Bench and get the matter listed subject to the condition that he would deposit 10% to the amount claimed in execution in the next two weeks before the Registry of this court. The respondents shall not precipitate the matter till the next date of hearing. List the matter on 31.07.2025. In the event the petitioner again comes up seeking the same swan song earlier sung, the petition would be dismissed." 4. Again on 31.07.2025, the following order: "This Court on 14.07.2025, had passed the following order: "This Court, on 30.06.2025, had passed the following order: "The learned counsel appearing for the petitioner submits that a petition has been filed challenging the proceedings before the commercial O.S. and would be listed before the - 5 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 co-ordinate bench at any time and would submit that the next date before the concerned Court is 15.07.2025. In that light, list this matter on 09.07.2025. Subject to the aforesaid condition, it is made clear that on 09.07.2025, if the learned counsel would not place on record any order passed by the co-ordinate bench, appropriate orders would be passed." The matter stands adjourned by two weeks enabling the petitioner to move a memo before the Division Bench and get the matter listed subject to the condition that he would deposit 10% to the amount claimed in execution in the next two weeks before the Registry of this court. The respondents shall not precipitate the matter till the next date of hearing. List the matter on 31.07.2025. In the event the petitioner again comes up seeking the same swan song earlier sung, the petition would be dismissed." It was indicated that if the petitioner would again come back singing the same swan song, the interim order would not be extended. But, the learned counsel for the petitioner now submits that in view of the change in the Bench, a memo would be moved and the matter would be requested to be listed. In that light, as a last chance, list the matter on 13.08.2025. Interim order subsisting shall continue till the next date of hearing." 5. Again on a submission made by the learned counsel appearing for the petitioner on 22.08.2025, the following order: "This Court, on 14.07.2025, had passed the following order: - 6 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 “This Court, on 30.06.2025, had passed the following order: The learned counsel appearing for the petitioner submits that a petition has been filed challenging the proceedings before the commercial O.S. and would be listed before the co-ordinate bench at any time and would submit that the next date before the concerned Court is 15.07.2025. In that light, list this matter on 09.07.2025. Subject to the aforesaid condition, it is made clear that on 09.07.2025, if the learned counsel would not place on record any order passed by the co-ordinate bench, appropriate orders would be passed." The matter stands adjourned by two weeks enabling the petitioner to move a memo before the Division Bench and get the matter listed subject to the condition that he would deposit 10% to the amount claimed in execution in the next two weeks before the Registry of this court. The respondents shall not precipitate the matter till the next date of hearing. List the matter on 31.07.2025. In the event the petitioner again comes up seeking the same swan song earlier sung, the petition would be dismissed.” Learned counsel for the petitioner places a memo on record of deposit of 10% as was directed. That was not the only issue when the order was passed on 14.07.2025. In terms of the submissions of the learned counsel for the petitioner, the following order was passed on 31.07.2025: “This Court on 14.07.2025, had passed the following order: "This Court, on 30.06.2025, had passed the following order: "The learned counsel appearing for the petitioner submits that a petition has been filed challenging the proceedings before the - 7 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 commercial O.S. and would be listed before the co-ordinate bench at any time and would submit that the next date before the concerned Court is 15.07.2025. In that light, list this matter on 09.07.2025. Subject to the aforesaid condition, it is made clear that on 09.07.2025, if the learned counsel would not place on record any order passed by the co-ordinate bench, appropriate orders would be passed." The matter stands adjourned by two weeks enabling the petitioner to move a memo before the Division Bench and get the matter listed subject to the condition that he would deposit 10% to the amount claimed in execution in the next two weeks before the Registry of this court. The respondents shall not precipitate the matter till the next date of hearing. List the matter on 31.07.2025. In the event the petitioner again comes up seeking the same swan song earlier sung, the petition would be dismissed." It was indicated that if the petitioner would again come back singing the same swan song, the interim order would not be extended. But, the learned counsel for the petitioner now submits that in view of the change in the Bench, a memo would be moved and the matter would be requested to be listed. In that light, as a last chance, list the matter on 13.08.2025. Interim order subsisting shall continue till the next date of hearing.” Even today the same swan song is sung what was being sung earlier. Therefore, there is no warrant to continue the interim order, in the light of the fact that the matter is pending at large before the Division Bench. The learned counsel for the petitioner submits the matter before the Division bench is - 8 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 slated to be listed on 4.9.2025. At this juncture, learned senior counsel Sri C K Nandakumar appearing for 1st respondent submits that the petitioner has vacated the property and there are some movables in the property and the respondents must be permitted to auction the said movables. The petitioner has no objection for the same. Therefore, the 1st respondent is permitted to auction/sell the movables that are in the premises that is already stood vacated. A necessary application be moved before the concerned Court for the purpose of sale of the movables. After the sale, the 1st respondent shall place the complete accounts before the concerned Court. In the light of the aforesaid submissions, interim order, subsisting, would stand extended up to 08.09.2025 and the conditions indicated in the earlier two orders would be applicable to the subject order as well. List the matter on 08.09.2025." 6. The said order was unequivocal that in the event the Division Bench would not grant any order, the petition would be rejected. 7. The Division Bench is said to have passed an order on 04.09.2025 in COMAP No.394/2025, the order reads as follows: "1. A request for an accommodation is made by the learned counsel for the appellant. - 9 - HC-KAR NC: 2025:KHC:35519 WP No. 17874 of 2025 2. It is clarified that there are no interim orders passed in this appeal and pendency of this appeal shall not impede any other proceedings. 3. At request, list on 11.11.2025." 8. This Court was clear as observed hereinabove, the petition would be rejected, if there is no order passed by the Division Bench. 9. This is going on for the last four occasions. 10. In that light, reserving such liberty to the petitioner to urge all submissions before the Division Bench, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 3