JAMIA MOHAMMADIA EDUCATION SOCIETY Vs. MASEEH AHMED

JUDGEMENT

(1.) The petitioner in Misc. Petition No.979/2022 on the file of the XVI Addl. City Civil and Sessions Judge, Bengaluru, has filed this writ petition seeking for an order to restrain the respondents from interfering with its possession in the suit properties pending consideration of Misc. Petition No.979/2022.

(2.) The petitioner claims title to the properties in terms of Hiba allegedly executed by the father of the respondents herein on 17/4/1999. The petitioner claims that the respondents without disclosing the said Hiba filed a suit for partition and separate possession in O.S.No.4910/2021 and entered into a collusive compromise apportioning the properties. The petitioner contends that it was not arrayed as a party in the said suit. After obtaining the compromise decree in the said suit, the respondents started interfering with the possession of the petitioner, who was allegedly running a school in a building constructed on one of the suit properties, which were the subject matter of O.S.No.4910/2021. The petitioner on coming to know of the compromise decree, filed Misc. Petition No.979/2022. The Trial Court issued notice to the caveator/respondents but did not protect the possession of the petitioner in the building constructed over a portion of the suit property. It is in this context that the petitioner has approached this Court seeking for the reliefs mentioned above.

(3.) This Court in terms of the order dtd. 3/9/2022 directed that the possession of the petitioner shall not be disturbed. It was also held that this order would not come in the way of the Trial Court considering the application for stay filed by the petitioner in Misc. Petition No.979/2022.