- 1 - HC-KAR NC: 2025:KHC:54211-DB WA No. 1915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1915 OF 2025 (GM-PP) BETWEEN: SRI SYED NAZIR AGED ABOUT 63 YEARS S/O SYED MOOSA SHOP NO.3, PORTION OF PREMISES OF MOSQUE AND HAZRATH KAMBAL POSH SHAH KHADRI AND ALLIED WAKF INSTITUTIONS H.K.P (BROADWAY ROAD) SHIVAJINAGAR BANGALORE-560051 …APPELLANT (BY SRI. SHRIKARA P.K. ADVOCATE FOR SRI. GEORGE JOSEPH, ADVOCATE) AND: 1. DARGAH HAZARATH KAMBAL POST SHA KHADRI ASTANA-E-HAZARATH KHADAR HUSSAIN AULIA AND ALLIED WAKF INSTITUTIONS H.K.P. (BROADWAY) ROAD Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54211-DB WA No. 1915 of 2025 BADA MAKAN (WAKFS), BANGALORE REPRESENTED BY ITS ADMINISTRATOR 2. THE COMPETENT OFFICER UNDER KARNATAKA PREMISES (EVICTION OF PUBLIC UNAUTHORIZED OCCUPANTS) ACT, 1974 DARUL-AWKUF, No.6, CUNNINGHAM ROAD BANGALORE-560001 3. STATE OF KARNATAKA MINORITY WELFARE DEPARTMENT VIDHAN SOUDHA, AMBEDKAR VEEDHI, BENGALURU, KARNATAKA 560 001 REPRESENTED BY THE PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. NAVEED AHMED, ADVOCATE FOR C/R1 SRI. K.S. HARISH, GA FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02.09.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 42548 OF 2014 AND REVERSE THE SAME AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:54211-DB WA No. 1915 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. After some arguments, the learned counsel appearing for the appellant submits that the appellant has been using the premises for commercial purposes since past several years and would require sometime to make an alternative arrangement. Learned counsel requested that that the appellant would not press his challenge and put a quietus to all disputes, if he is permitted to continue occupying the demise premises for a period of one year from date. It is also stated that he shall be regular in paying the monthly rent on or before the seventh of each calendar month. 2. Learned counsel appearing for the respondents on instructions states that the said terms are acceptable provided the appellant furnishes an undertaking to this Court. 3. In view of the consensus between the parties, the appeal is disposed of. 4. The appellant shall furnish an undertaking by way of an affidavit to this Court inter alia, affirming that the appellant shall pay the monthly rentals for the demise premises on or before 7th of - 4 - HC-KAR NC: 2025:KHC:54211-DB WA No. 1915 of 2025 each calendar month and shall hand over the vacant possession of the premises in question to the respondent No.1 on or before 17.12.2026. The said undertaking be furnished to the Court within a period of two weeks from today after serving a copy to the learned counsel for respondent No.1. If the same is not done, the respondents are at liberty to take such steps as required in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 15