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2025 DAILYLAW 53143 (KAR)

SRI. ATTAR MEHABOOB SAB, SINCE DECEASED BY HIS LRS v. S. AHMED HUSSAIN S/O. LATE S. ABDUL SUBHAN SAB, SINCE DECEASED BY HIS LRS

WP/105654/2024 · 2025-09-25

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13279 WP No. 105654 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105654 OF 2024 (GM-CPC) BETWEEN: 1. SRI. ATTAR MEHABOOB SAB, SINCE DECEASED BY HIS LRS., SMT. THARA BEE W/O. LATE ATTAR MEHABOOB SAB, AGE. 57 YEARS, OCC. HOUSEHOLD WORK, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. 2. SRI. A. MOHAMMED IQBAL S/O. LATE ATTAR MEHABOOB SAB, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. 3. A. ANWAR S/O. LATE ATTAR MEHABOOB SAB, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. 4. A FAZAL S/O. LATE ATTAR MEHABOOB SAB, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13279 WP No. 105654 of 2024 5. SMT. A. ARIFS BEGUM D/O. LATE ATTAR MEHABOOB SAB, W/O. RIYAZ KHAN, AGE. 31 YEARS, OCC. HOUSEHOLD WORK, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. 6. A ASMA BEGUM D/O. LATE ATTAR MEHABOOB SAB, W/O. SARMAS VALI, AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. DOOR NO.3, WARD NO.10, MARISWAMY MUTT, BRUCEPET, BALLARI-583101. …PETITIONERS (BY SRI. A VEERANNA, ADVOCATE) AND: 1. S. AHMED HUSSAIN S/O. LATE S. ABDUL SUBHAN SAB, SINCE DECEASED BY HIS LRS., SHAMSAD BEGUM W/O. LATE S. AHMED HUSSAIN, AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. 1ST CROSS, JAYANAGAR, CANTONMENT, BALLARI-583104. 2. MOHAMMED RAFIQ S/O. LATE S. AHMED HUSSAIN, AGE. 35 YEARS, OCC. TEACHER, R/O. 1ST CROSS, JAYANAGAR, CANTONMENT, BALLARI-583104. 3. SYED ZEENATH BEGAUM D/O. LATE S. AHMED HUSSAIN, AGE. 38 YEARS, OCC. HOUSEHOLD WORK, R/O. MOHAMMADIYA COLONY, 2ND CROSS, CONTONMENT, BALLARI-583104. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC-D:13279 WP No. 105654 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WHEREFORE, HIS HON’BLE COURT MAY BE PLEASED TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER MAY KINDLY BE ISSUED, THEREBY QUASHING THE IMPUGNED ORDER PASSED BY PRINCIPAL CIVIL JUDGE, BALLARI IN EX.CASE.NO.63/2013 DATED 17.07.2019 PRODUCED AS PER ANNEXURE-G MAY KINDLY BE QUASHED. CONSEQUENTLY I.A.NO.3 FILED BY THE PETITIONERS MAY KINDLY BE ALLOWED BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. WHEREFORE, his Hon’ble Court may be pleased to issue writ of certiorari or any other writ or order may kindly be issued, thereby quashing the impugned order passed by Principal Civil Judge, Ballari in Ex.Case.No.63/2013 dated 17.07.2019 produced as per Annexure-G may kindly be quashed. Consequently I.A.No.3 filed by the petitioners may kindly be allowed by allowing this writ petition in the interest of justice. ii. To grant any other such reliefs which the Hon’ble Court may deem fit and proper considering the facts and circumstances of this case. - 4 - HC-KAR NC: 2025:KHC-D:13279 WP No. 105654 of 2024 2. Learned counsel for the petitioners submits that the suit from which the above petition arises out of has been disposed. 3. Reserving liberty to the petitioners to raise the grounds raised in the present petition in a Regular Appeal, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/ct:pa List No.: 2 Sl No.: 113