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2025 DAILYLAW 11756 (KAR)

RAHMATBEE AND ORS v. NABI AND ORS

WP/203923/2024 · 2025-03-21

Vijaykumar A Patil

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:1803 WP No. 203923 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 203923 OF 2024 (GM-CPC) BETWEEN: 1. RAHMATBEE W/O IMAM SAHEB, AGED ABOUT 65 YEARS, OCC: HOUSEHOLD AND AGRICULTURE R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR. 2. SALEEM S/O IMAM SAHEB, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR. 3. SHABBIR S/O IMAM SAHEB, AGED ABOUT 24 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR. 4. RAZIA BEGUM D/O IMAM SAHEB, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR. 5. SHAHAEDA BEGUM @ SAIRA D/O IMAM SAHEB AGED 25 YEARS, OCC: HOUSEHOLD & AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR. …PETITIONERS (BY SRI SANKET APPAJI, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1803 WP No. 203923 of 2024 SMT. SHIVALEELA APPAJI & SRI SHIVARAJ S. APPAJI, ADVOCATES) AND: 1. NABI S/O GHUDU SAHEB, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 2. KHADAR SAHEB S/O LATE GOUSUDDIN, AGED ABOUT 69 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 3. KALE SAHEB S/O ALTE GOUSUDDIN, AGED ABOUT 65 YEARS, OCC: BUSINESS, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 4. ABDUL S/O LATE GOUSUDDIN, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 5. MODIN SAHEB S/O MASTAN SAB, AGED ABOUT 80 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 6. PEER SAHEB S/O MASTAN SAB, AGED ABOUT 75 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 7. SUNNAMMA W/O LATE MALANGSAB, AGED ABOUT 80 YEARS, OCC: HOUSEHOLD, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 8. HUSSAIN S/O LATE MALANGSAHEB, AGED ABOUT 60 YEARS, OCC: MISTRI, - 3 - NC: 2025:KHC-K:1803 WP No. 203923 of 2024 R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 9. NABISAB S/O LATE MALANGSAHEB, AGED ABOUT 55 YEARS, OCC: DRIVER, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 10. ISAQ S/O LATE MALANGSAHEB, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 11. SILAR SAHEB S/O MAEHTAB SAB, AGED ABOUT 75 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 12. MALIK SAHEB S/O MAEHTAB SAB, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 13. ALLAUDDIN S/O ISMAIL SAHEB, AGED ABOUT 59 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 14. KHAJA SAHEB S/O ISMAIL SAB, AGED ABOUT 65 YEARS, OCC: AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. 15. OSMAN S/O MAHTAB SAHEB, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O BHOSGA, TQ: BASAVA KALYAN, DIST: BIDAR – 585401. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI - 4 - NC: 2025:KHC-K:1803 WP No. 203923 of 2024 SETTING ASIDE THE ORDER OF LEARNED THE SENIOR CIVIL JUDGE BASAVAKALYAN, DTD: 30.09.2024 IN O.S. NO.46 OF 2010, VIDE ANNEXURE – F AND CONSEQUENTLY ALLOW THE I.A DTD: 03.09.2024; ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF MANDAMUS TO RESTORE THE O.S. NO.46 OF 2010 ON THE FILE OF SENIOR CIVIL JUDGE BASAVAKALYAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the petitioners submits that this petition has become infructuous as the suit is disposed of. 2. In view of the said submission, the writ petition is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 4 CT: PS