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2025 DAILYLAW 14859 (KAR)

SRI. MOHAMMED USMAN BAIG v. SMT. SULTAN MUMTAZ BEGUM

WP/3983/2024 · 2025-05-20

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18303 WP No. 3983 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 3983 OF 2024 (GM-CPC) BETWEEN: SRI. MOHAMMED USMAN BAIG, AGED ABOUT 78 YEARS, S/O LATE S.O.MUSTAFA BAIG, R/AT NO.953/6, 1ST MAIN, 16TH WARD, DASARAHALLI, BENGALURU NORTH TALUK, BENGALURU – 560 057. …PETITIONER (BY SRI. AKARSH SUDHAKAR KANADE., ADVOCATE) AND: 1. SMT. SULTAN MUMTAZ BEGUM, AGED ABOUT 55 YEARS, D/O LATE NAVAB JAN. 2. SRI. MOHAMMED MUSTAFA BAIG @ MOUSEEN, AGED ABOUT 52 YEARS, S/O LATE NAVAB JAN, 3. SRI. MEERZIA ULLA, AGED ABOUT 60 YEARS, S/O MEERHABEEBULLA AND BADRUNNISA BEGUM, 4. SMT. PARVEENTAJ, AGED ABOUT 58 YEARS, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18303 WP No. 3983 of 2024 D/O LATE BADRUNNISA BEGUM, W/O LATE MOHAMMED HANEEF, 5. SMT. HASEENTAJ, D/O LATE BADRUNNISA BEGUM, W/O SYED FAIROZ, AGED ABOUT 56 YEARS, 6. SMT. SHAHEENTAJ, AGED ABOUT 54 YEARS, D/O LATE BADRUNNISA BEGUM, 7. SMT. AMEENABEE, AGED ABOUT 73 YEARS, W/O LATE AMANULLA, 8. SMT. GULABJAN, AGED ABOUT 56 YEARS, D/O LATE AMANULLA BAIG, 9. SMT. ZAITHUNNISSA, AGED ABOUT 70 YEARS, W/O LATE AMANNULA BAIG, 10. SMT. AYESHA BEGUM, AGED ABOUT 38 YEARS, W/O LATE CHAND PASHA, 11. SRI. ZIKRIYA MUSTAFA, AGED ABOUT 17 YEARS, S/O LATE CHAND PASHA, 12. SRI. ZOHA MUSTAFA, AGED ABOUT 15 YEARS, S/O LATE CHAND PASHA, - 3 - NC: 2025:KHC:18303 WP No. 3983 of 2024 SINCE RESPONDENTS NO.11 AND 12 ARE MINORS THEY ARE REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN MOTHER, SMT. AYESHA BEGUM, I.E., RESPONDENT NO.10 HEREIN ABOVE. 13. SMT. SURIYA JABEEN, AGED ABOUT 80 YEARS, W/O LATE INAYATHULLA BAIG, 14. SRI. AMREEN, AGED ABOUT 58 YEARS, S/O LATE INAYATHULLA BAIG, 15. SMT. SALMA, AGED ABOUT 56 YEARS, D/O LATE INAYATHULLA BAIG, 16. SMT. THABASAM, AGED ABOUT 59 YEARS, D/O LATE INAYATHULLA BAIG, 17. SRI. MASOOD, AGED ABOUT 52 YEARS, S/O LATE INAYATHULLA BAIG, 18. SRI. YOUNUS KHAN @ AKMAL, AGED ABOUT 45 YEARS, S/O LATE JAVEDKHAN KHALEEL AND NAZMUNNISA BEGUM, 19. SRI. YOUSUFF KHAN @ ABZAL, AGED ABOUT 43 YEARS, S/O LATE JAVEDKHAN KHALEEL AND - 4 - NC: 2025:KHC:18303 WP No. 3983 of 2024 NAZMUNNISA BEGUM, 20. SRI. AZMATHULLA BAIG, AGED ABOUT 75 YEARS, D/O LATE S.O.MUSTAFA BAIG, ALL THE RESPONDENTS NO.1 TO 20 ARE RESIDING AT SOLUR VILLAGE, OLD HOSA ROAD, SOLUR, MAGADI TALUK, RAMANGARA DISTRICT. KARNATAKA – 562 127. …RESPONDENTS (R8, R10, R11 AND R12 SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12/10/2023 AND 02/01/2024 PASSED IN OS 632/2023 BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI HEREIN PRODUCED AS VIDE ANNEXURE F AND ALLOW THE INTERLOCUTORY APPLICATION 1 AND 2 FILED IN OS NO. 632/2023 UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC HEREIN PRODUCED AS ANNEXURE-B AND D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI - 5 - NC: 2025:KHC:18303 WP No. 3983 of 2024 ORAL ORDER Learned counsel appearing for the petitioner submits that the petitioner is not pressing the petition and has filed a memo dated 20.05.2025. The memo reads as follows:- MEMO "The petitioner in the above case begs to state as follows:- The petitioner submits that this hon'ble Court may be pleased to permit the petitioner to withdraw the above petition with a liberty to take all the contentions raised that parties have settled the matter, in the interest of justice and equity". 2. Hence, the petition is disposed of as withdrawn. Sd/- (C M JOSHI) JUDGE PSJ List No.: 1 Sl No.: 143