SYED YUSUF ALI vs SYED ABDUL RAHEMAN
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11499
WP No. 204173 of 2026
CNR: KAHC030109222026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204173 OF 2026 (GM-CPC)
BETWEEN:
SYED YUSUF ALI
S/O SYED NOORUDDIN
SINCE DECEASED BY LRS
BILMIBEE W/O LATE SYED YOUSUF ALI
AGED ABOUT 67 YEARS
OCC: HOUSEHOLD
2.
SYED TAIQUDDIN
S/O LATE SYED YOUSUF ALI
AGED ABOUT 52 YEARS, OCC: NOT KNOWN
3. SYED IKHTIYARUDDIN
S/O LATE SYED YOUSUF ALI
AGED ABOUT 50 YEARS, OCC: BUSINESS
4. SYED NEEJAMUDDIN
S/O LATE SYED YOUSUF ALI
AGED ABOUT 47 YEARS
OCC: HOUSEHOLD
ALL ARE R/O H NO 7-1202, BANK COLONY
NEAR KBN ENGINEERING COLLAGE
KALABURAGI-58510
…PETITIONERS
1.
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. SANJEEVKUMAR C PATIL., ADVOCATE)
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NC: 2026:KHC-K:11499
WP No. 204173 of 2026
CNR: KAHC030109222026
AND:
1. SYED ABDUL RAHEMAN
S/O SYED NOORUDDIN
AGED ABOUT 72 YEARS
OCC: BUSINESS
R/O H NO.5-3-214/1
NEAR DECENT FUNCTION HALL
DULHAN DARWAJA ROAD
BIDAR-5854101
2. SYED SHUJAUDDIN
S/O LATE SYED YOUSUF ALI
AGED ABOUT 57 YEARS
OCC: ENGINEER
R/O H NO 7-1202,
BANK COLONY
NEAR KBN ENGINEERING COLLEGE
KALABURAGI-585104
…RESPONDENTS
(BY SRI. B NOOR ILYAS ADV., FOR R1;
NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RELEVANT RECORDS AND I) ISSUE A WRIT, DIRECTION OR
ORDER IN THE NATURE OF CERTIORARI BY QUASHING
ANNEXURE-J ORDER DATED 30-09-2026, PASSED BY THE III
ADDL. CIVIL JUDGE AND JMFC, KALABURAGI, IN EP NO.
34/2023 AND ALLOW THE MEMO AND DISMISSED THE EP NO.
34/2023; II) ISSUE A WRIT, DIRECTION OR ORDER WHICH
DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC-K:11499
WP No. 204173 of 2026
CNR: KAHC030109222026
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ i) Issue a writ, direction or order in the nature of
certiorari by quashing Annexure-J order dated 30.9.2026,
passed by the III Addl. Civil Judge & JMFC, Kalaburagi, in
E.P.No.34/2023 and allow the memo and dismissed the
Ε.Ρ.No.34/2023.
ii) Issue a writ, direction or order which deem fit
under the fact and circumstances of the case. ”
2. Heard Sri. Sanjeevkumar C Patil, learned counsel
appearing for the petitioners, Sri. B Noor Ilyas, learned
counsel appearing for respondent No.1 and meticulously
perused the material available on record.
3. Respondent No.1 initiated proceedings in
H.R.C.No.06/2014 against the petitioner herein, which
came to be allowed by the III Additional Civil Judge,
Kalaburagi by judgment dated 25.01.2023. Aggrieved by
the said judgment, the petitioner preferred a Rent Revision
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HC-KAR
NC: 2026:KHC-K:11499
WP No. 204173 of 2026
CNR: KAHC030109222026
Petition before the I Additional District and Sessions
Judge, kalaburagi, which was numbered as
R.R.P.No.02/2023. The said revision petition came to be
allowed. The operative portion of the said order reads as
under:
The Rent Revision Petition preferred under
“
Sec.46(2) of Karnataka Rent Act is hereby allowed.
Accordingly the Order passed in H.R.C.No.6/2014
dated: 25.01.2023 on the file of III Addl. Civil Judge &
JMFC, Kalaburagi is hereby set aside.
The parties are directed to approach the competent
Civil Court for obtaining necessary declaration.
There is no order as to cost and return of deposited
amount.
Draw decree accordingly.
Send records of the trial Court along with copy of
judgment. ”
4. Aggrieved by the said order, respondent No.1
preferred a House Rent Revision Petition before this Court,
which was numbered as H.R.R.P.No.200001/2024. This
Court, by order dated 24.04.2026, passed the following
order:
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“ i) The petition is hereby allowed.
ii) Consequently, the order dated 12.02.2024 of the
I Addl. District and Sessions Judge in RRP No.2/2023 is
set aside and the order dated of the Trial Court in HRC
No.6/2014 of the III Addl. Civil Judge and JMFC,
Kalaburagi, stands confirmed.
iii) However, this order will be subject to the result
of the appeal, if any, filed against the judgment and
decree of the suit in OS No.57/2017.
iv) There shall be no order as to costs.
v) The respondent is directed to pay the arrears of
rent of Rs.14,000/- per month from January 2014 till
disposal of the petition before the Trial Court within 2
months from the date of this order. ”
5. Aggrieved by the said order, the petitioner
preferred a Special Leave Petition before the Hon’ble
Supreme Court, which was numbered as
S.L.P.No.27409/2026, wherein certain observations came
to be made and the same was dismissed on 11.08.2026.
6. It is to be noticed that the petitioner had
instituted a suit in O.S.No.57/2017 seeking partition and
other reliefs with regard to the same property, which came
to be dismissed. Aggrieved by the judgment and decree
passed therein, the petitioner preferred an appeal in
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NC: 2026:KHC-K:11499
WP No. 204173 of 2026
CNR: KAHC030109222026
R.A.No.149/2025, which is pending consideration before
the I Additional District Judge, Kalaburagi.
7. In the meantime, respondent No.1 initiated
execution proceedings seeking to execute the decree
against the petitioner for eviction. The Executing Court, by
the impugned order, rejected the memo filed by the
petitioner seeking dismissal of the execution petition by
relying upon the aforesaid proceedings. I do not find any
error in the reasoning of the Executing Court in rejecting
the memo filed by the petitioner. However, it is further to
be noticed that the petitioner's suit for partition has been
dismissed and the appeal against the said judgment and
decree is pending consideration before the Appellate
Court. It is submitted at the Bar that the appeal is
presently posted for final arguments. Hence, it would be
appropriate to defer further proceedings in the execution
petition, till the disposal of R.A.No.149/2025 by the
Appellate Court.
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WP No. 204173 of 2026
CNR: KAHC030109222026
8. It is made clear that this order is of the view that
it would be appropriate to defer the execution proceedings
as it would avoid inconvenience to the parties. It is made
clear that this Court has not expressed any opinion on the
merits of the rival contentions. The rights and contentions
of the parties concerning property shall be considered by
the Appellate Court in the pending appeal. Hence, I
proceed to pass the following:
ORDER
i) The writ petition is disposed of .
ii) The Executing Court in E.P.No.34/2023 is
directed not to precipitate the proceedings,
till the I Additional District Judge, Kalaburgi
passes an order in R.A.No.149/2025.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
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