IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 14th day of September. 2009 BEFORE THE I-ION'BLE MiR..JUs'rIeE Asaox " ~ V. WRIT PETETION N0. 27e18'of:.2e.e9 BETWEEN: Abdul Latheef, S / 0 B Abbas, A/a 34 years, " Shanthi Angady House, H " vi Jodumarga Posfg' ' . . Kaikarnba, Bic. Road, a A ' Bantwal " . Petitioner bbbb " ' = Advocate, for V E%ri=I_.Thai<ana_t1: Peojary, Advocate} AND : 3 N J Smtgf Yasmin in V' _ W}/._e':*H;amavd Bhava; -------- ~ " , A/_a 27' yearss., Flat ' 30, 1*, s Aroma Residency, 1" .Ka"ikar'Iib'a,_ Bi.."C.""Road, Bar£twa1_ Taluk. ...Respondent Ti'iis wi-it Petition is filed under Articles 226 and 227 of d1e"~«C0nstituti0n of India, praying to quash the order dated 'iAV2G.'-7.2009 passed by the Civil Judge (Senior Division} and JMFC, Bantwal, DK, on I.A.N0. H1 in 0.3 No. 102/ O7 Vide Anx. is A and consequently allow the I.A.No. III and etc., ' '~f11g,d:~ This Writ Petition coming on for preiiminary hearing this day, the Court made the following: ORDER
The petitioner has challenged the’ order 7.
{Annexure–A} passed by the Court__ Cixfiigrjudgei
Division) and JMFC, Bantwa1;”-,§’;K, on I…A’.N.o,’*,Iii’i,:’i£1″o.s. No.
102/2007.
2. The pefitione_r..fiied the respondent
seeking the ithefisale agreement, dated
5.2.2007. pro§.;eaings he filed I.A.No. In
seeking of one Ismail Hussain Shaffi
and Nos. 2 and 3. The Trial Court
dismissed aggrieved by the same, this petition is
counsel for the petitioner submits that
Ismail Shaffi is the original owner of the property in
question; The petitioner and Habibulla together had entered
iixtotfan agreement with Ismail Hussain Shaffi. He therefore
R314′.
submits that they are necessary parties for adgudication of the
disputes involved in the suit.
4. Ismail Hussain Shaffi and Habibulla ar;e”’11ot”~;tiai9i.ies.to
the sale agreement, the specific performariceofuwhicih’ is soULg.ht'”V._
in the suit. Therefore, the Trial,’ Coiirtj. in V
I.A.No. 111. Not finding any 3u1jisdicti.or1al erroriilviioisrrigists
petition. However, liberty is to to work
out his remedies tnciepentieintivgr of O.S. No.
102 / 2007. Further to the petitioner
to have Ismailétfigissaiii examined as the
witnessesf if hegsho ‘des4ir’efjs.a11d_i* if ‘*it”is otherwise open to him.
Subject to these observations liberties. this
petition is dismissed.
ck}/-»