Karnataka High Court

WP/15180/2023 of MR. NAUSHED AHMED Vs MR. IRSHAD AHMED PASHA on 3 September 2026

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CNR: KAHC010357552023 NC: 2026:KHC:48068 WP No. 15180 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO. 15180 OF 2023 (GM-CPC) BETWEEN: MR. NAUSHED AHMED AGED ABOUT 55 YEARS, S/O

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 15180 OF 2023 (GM-CPC)

BETWEEN:

MR. NAUSHED AHMED

AGED ABOUT 55 YEARS,

S/O NAZEER AHMED,

1597, 7TH CROSS,

KUMARASWAMY LAYOUT,

BANGALORE - 560 078.

…PETITIONER

(BY SRI. THRIMURTHY K P.,ADVOCATE)

AND:

1.

MR. IRSHAD AHMED PASHA

AGED ABOUT 59 YEARS,

S/O NAZEER AHMED,

C/O SRI ABDUL ZAHEER

@ NANEJAN,NO.1, FIRST FLOOR,

9TH MAIN ROAD,YARABANAGAR,

BANASHANKARI II STATGE,

BENGALUGU - 560 070.

2.

MR. MUMSHD AHMED

AGED ABOUT 53 YEARS,

S/O NAZEER AHMED,

M/S BATO LOGISTICS,NO.23/25,

37TH MAIN, 8TH CROSS,

NALA ROAD, SUDHAMANGAR,

Digitally

signed by

ANNAPURNA

G

Location:

High Court of

Karnataka

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BANGALORE - 560 027.

3.

MR. IMRAN PASHA

AGED ABOUT 52 YEARS,

S/O NAZEER AHMED,

NO.59, UNIT NO.105,

MONEY POINT BUILDING,

K.H. DOUBLE ROAD,

BANGALORE - 560 027.

4.

MR. IFRAN AHMED

AGED ABOUT 47 YEARS,

S/O NAZEER AHMED,

R/A 16/1, 1ST FLOOR,

R.V. ROAD CROSS,

BASAVANAGUDI,

BANGALORE - 560 004.

5.

MR. PAVAN

MAJOR, PARTNER,

M/S GO ACTIV INTERNATIONAL,

GROUND FLOOR, 16/1,

R.V. ROAD CROSS,

BASAVANAGUDI,

BANGALORE - 560 004.

6.

THE CHAI PLOT

(EARLIER KNOWN AS M/S SOUTH POINT),

PROPRIETOR,GROUND FLOOR, 16/1,

R.V. ROAD CROSS,BASAVANAGUDI,

BANGALORE - 560 004.

7.

MR. PRASHANTH RAO,

MAJOR,

S/O MAHABALA RAO,

PROPRIETOR,

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M/S GREAT INDIA ROLLS,

(IS IN OCCUPATION OF 2 SHOPS)

GROUND FLOOR, 16/1,R.V. ROAD

CROSS,BASAVANAGUDI,

BANGALORE - 560 004.

…RESPONDENTS

(BY SRI. SRINIVAS BHAT, ADVOCATE FOR R1, R2 AND R4; SRI. KRISHNA REDDY B.C, ADVOCATE FOR R3; SRI. S.C. SURY KANTH, ADVOCATE FOR R5; VIDE ORDER DATED 12.12.2023 NOTICE TO R6 AND R7 IS

DISPENSED WITH)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.

03.06.2023 PASSED ON IA NO. 2 FILED BY THE PETITIONER

UNDER ORDER 151 OF CPC BY HONBLE XXIV ADDL. CITY CIVIL

AND SESSIONS JUDGE, BENGALURU IN OS NO. 2398/2022 AS

PER ANNX-K AND ALLOW IA NO. 2 DIRECTING DEFENDANTS

NO. 5 TO 7 TO DEPOSIT THE RENTS PAYABLE BY THEM BEFORE

THE COURT BELOW AND 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

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ORAL ORDER

This writ petition is filed challenging the order dated 03.06.2023 passed in O.S.No.2398/2022 by the Court of XXIV Addl. City Civil and Sessions Judge, Bangalore City (CCH.No.6) (hereinafter referred to as 'Trial Court' for short).

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2. Heard Sri. Thrimurthy K P, learned counsel for petitioner, Sri. Srinivas Bhat, learned counsel for respondent Nos.1,2 and 4, Sri. Krishna Reddy B C, learned counsel for respondent No.3 and Sri. C S Surya Kanth, learned counsel for respondent No.5 and perused the records.

3. Petitioner-plaintiff has filed suit in O.S.No.2398/2022 seeking relief of partition, separate possession and consequential relief. In the said suit, the plaintiff had filed application under Section 151 of Code of Civil Procedure, 1908 (for short 'CPC') seeking prayer to grant the exparte order of temporary injunction directing defendant Nos.5 to 7 to deposit the rents payable by them in respect of rented shop in Suit Schedule 'C' property before the Court pending disposal of the suit. The said application was opposed by the defendants and the trial Court in the impugned order rejected the application.

4. It is to be noticed that the plaintiff had made bald assertion that defendant Nos.5 to 7 are paying the

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rents. However, no material is placed on record to indicate the same. The trial Court considering the said aspect as well as the aspect of settlement deed said to have been entered between the parties, rejected the application. I do not find any good ground to interfere with the impugned order.

5. It is also to be noticed that the plaintiff had failed to establish that defendant Nos.5 to 7 are the tenants in the suit schedule property and paying rent to other defendants. In the absence of such material, seeking prayer to deposit the rent would not arise. Hence, the writ petition is devoid of merits and the same is rejected.

Pending interlocutory application stands disposed of.

Sd/- (VIJAYKUMAR A. PATIL) JUDGE SSD List No.: 1 Sl No.: 32

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