Karnataka High Court
Civil Procedure and EvidenceAdministrative and Public Law

Time to vacate decreed premises was granted subject to rent payments and withdrawal of the appeal.

MOHAMMED KHAJA MIYA DIED BY HIS LRS vs SYEDA RANA KAWSER W/O M.A. JABBAR KHAN

Karnataka High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Time to vacate decreed premises was granted subject to rent payments and withdrawal of the appeal.. MOHAMMED KHAJA MIYA DIED BY HIS LRS vs SYEDA RANA KAWSER W/O M.A. JABBAR KHAN. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The respondent obtained a decree for possession and recovery of rent in O.S. No. 42/2019 on 10 July 2023.

Source reference: p. 3–5

The petitioners appealed in R.A. No. 25/2023 and sought a stay under Order XLI Rule 5 of the Code of Civil Procedure, 1908.

Source reference: p. 3–5

The appellate court rejected the application on 4 March 2025; execution proceedings were pending.

Source reference: p. 3–5

In the writ petition challenging that rejection, the petitioners undertook to vacate and hand over the premises by 6 August 2027, pay monthly rent of Rs. 4,000 from 1 October 2026 until vacating, and withdraw the appeal.

Source reference: p. 3–5

The respondent acknowledged receipt of Rs. 50,000 toward rent arrears.

Source reference: p. 3–5

The petitioners also sought permission to repair the shed and undertook not to claim damages or equity for the repairs.

Source reference: p. 3–5
02

Issues

1. Whether the order rejecting the petitioners’ application for stay under Order XLI Rule 5 CPC warranted interference under Article 227 of the Constitution

Source reference: p. 3–4

2. Whether the writ petition could be disposed of on the basis of the petitioners’ undertaking to vacate the premises, pay rent, and withdraw the appeal

Source reference: p. 4–6
03

Law Applied

Article 227 of the Constitution provides the basis for the High Court’s supervisory jurisdiction over subordinate courts.

Source reference: p. 3–6

Order XLI Rule 5 CPC concerns the grant of a stay of execution pending appeal.

Source reference: p. 3–6

The Court cited no precedent and did not set out or apply a substantive test for granting a stay; instead, it disposed of the petition on the basis of the petitioners’ affidavit and undertaking.

Source reference: p. 3–6
04

Reasoning

The Court did not determine the merits of the challenge to the appellate court’s refusal of a stay.

Source reference: p. 4–6

During the writ proceedings, the petitioners undertook to vacate by a specified date, pay monthly rent, and withdraw their appeal; the respondent accepted the rent arrears payment and agreed to the undertaking.

Source reference: p. 4–6

In light of those commitments, the Court disposed of the petition by recording and enforcing the undertaking, while permitting repairs to the shed.

Source reference: p. 4–6
05

Holding

The writ petition was disposed of on the terms of the petitioners’ undertaking.

The petitioners were directed to vacate by 6 August 2027, pay Rs. 4,000 per month from 1 October 2026 until that date, and file a memo withdrawing R.A. No. 25/2023.

Source reference: p. 6–7

They were not to seek an extension of time and were permitted to make necessary repairs to the shed.

Source reference: p. 6–7

The pending interlocutory application was also disposed of, with no order as to costs.

Source reference: p. 6–7
Karnataka High Court

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MOHAMMED KHAJA MIYA DIED BY HIS LRSvsSYEDA RANA KAWSER W/O M.A. JABBAR KHAN

Karnataka High Court · October 07, 2026

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