- 1 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 103855 OF 2022 (GM-CPC) BETWEEN: ABUBAKKAR VALLAD ISOOB SAB, AGE :54 YEARS, OCC: RYOT, R/O. NOORANI COLONY, CHANDAVAR, TQ. HONAVAR, DIST. UTTARA KANNADA-581332. …PETITIONER (BY SRI. SURAJ M. KATAGI, ADV. FOR SRI. V. G. BHAT, ADVOCATE) AND: SALMABI ABIDIN SHAIKH, SINCE DECEASED REPRESENTED BY HIS LRS. 1. KHURSHIDA KOM ABDUL JABBAR, AGE: MAJOR, OCC: HOUSEHOLD, R/O. NOORANI COLONY, CHANDAVAR, TQ. HONAVAR, DIST. UTTAR KANNADA-581332. 2. JAINUL ABIDIN ABDUL JABBAR, AGE: 36 YEARS, R/O. NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 3. MATHEEN ABDUL JABBAR, AGE: 34 YEARS, R/O. NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 4. SABHA ANJUM ABDUL JABBAR, AGE: 30 YEARS, R/O. NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 5. HEENA KOUSAR ABDUL JABBAR, AGE: 27 YEARS, R/O. NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. HALAMBI KOM SHAMSHUDDIN SHEIKH, SINCE DECEASED REPRESENTED BY HIS LRS (DECEASED). 6. KASIM SAB SHAMSHUDDIN, AGE: 66 YEARS, OCC: RYOT AND COPPER WORK, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR DIST: UTTARA KANNADA-581332. 7. MEHABOOB ALI SHAMSHUDDIN, AGE: 62 YEARS, OCC: RYOT AND COPPER WORK, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR DIST: UTTARA KANNADA-581332. 8. ABDUL GAFAR SHAMSHUDDIN, AGE: 49 YEARS, OCC: RYOT AND COPPER WORK, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 9. RIHANA KOM SHEIKH ALI, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. - 3 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 JUBEDA SAYED ANDULLA, SINCE DECEASED REPRESENTED BY HIS LRS (DECEASED). 10. SHAMSHUDDIN SAYED ABDULLA, AGE: 54 YEARS, OCC: RYOT, R/O: KAKARMATH ROAD, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 11. IBRAHIM SAYAD ABDULLA, AGE: 49 YEARS, OCC: RYOT R/O: KAKARMATH ROAD, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 12. NASRUDDIN SAYED ABDULLA, AGE: 47 YEARS, OCC: RYOT, R/O: SATAGERI, KAKARMATH ROAD, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 13. AMIRUDDIN SAYED ABDULLA, AGE: 43 YEARS, R/O: SHATAGERI BRANTH BY THEIR GUARDIAN SHAMSUDDIN SAYAD ABDULLA BRANTH, SHATAGERI, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 14. HAFIJA SHUKKURA MULBA, AGE: MAJOR, OCC: HOUSEHOLD, R/O: KAKARMATH ROAD, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 15. SHEJAN KOM ANVAR, AGE: MAJOR, OCC: HOUSEHOLD R/O: KAKARMATH ROAD, TQ: ANKOLA, DIST: UTTARA KANNADA-581314. 16. KHATIJABI KOM SHAIKH DAVOOD, AGE: MAJOR, OCC: HOUSEHOLD, R/O: H.NO.93, BEHIND PRIMARY HEALTH CENTRE, VATAPAYI, SATRI GOA-403504. - 4 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 17. KAMARUNNISA KOM AMIRKHAN, AGE: MAJOR, OCC: HOUSEHOLD, R/O: BHAGAWKATTE, HOLANAGADDE, TQ: KUMTA, DIST: UTTARA KANNADA-581351. 18. NAJEER AHAMAD WALLAD ISOOB SAB, AGE: 52 YEARS OCC: RYOT, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 19. SHOUKATH NAVAJ WALLAD ABDUL KASHIM SAB, AGE: 49 YEARS, OCC: RYOT, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 20. SHANSHUNNISA ABDUL KASHIM SAB, AGE: 55 YEARS, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. 21. ISAMAIL ABDUL HUK WALLAD SAB, AGE: 47 YEARS, R/O: NOORANI COLONY, CHANDAVAR, TQ: HONAVAR, DIST: UTTARA KANNADA-581332. …RESPONDENTS (BY SRI. J. S. SHETTY, ADV. FOR R1, R6 TO R9; NOTICE TO R2, R3 TO R5 IS HELD SUFFICIENT; NOTICE TO R10 TO R12, R14, R15, R19, R20, R21 ARE SERVED; PETITION DISMISSED AGAINST DECEASED R13 & R16 TO R18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF CERTIORARI MAY KINDLY BE GRANTED BY SETTING ASIDE THE ORDER PASSED ON 4/07/2022 BY THE COURT SENIOR CIVIL JUDGE AND JMFC HONNAVAR IN RA NO.21/2015 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: “a) A writ of Certiorari may kindly be granted by setting aside the order passed on 4/07/2022 by the court Senior Civil Judge & JMFC Honnavar in RA.No.21/2015 Vide annexure-A, in the ends of Justice and equity. b) Any other appropriate order may kindly be passed, in the ends of Justice.” 2. Heard Sri.Suraj M. Katagi, learned counsel appearing on behalf of Sri.V.G.Bhat, learned counsel for the petitioner and Sri.J.S.Shetty, learned counsel appearing for respondent Nos.1 and 6 to 9. 3. It is to be seen that Smt.Salmabi and another filed O.S.No.120/1997 for partition and separate possession which came to be decreed and being aggrieved, the appeal was filed by the petitioner in RA.No.64/2003 which also came to be dismissed. Being aggrieved, the petitioner filed RSA.No.5641/2013 and this Court vide order dated 29.06.2017 passed the interim order recording that “Since the final decree proceedings are already initiated, the proceedings in FDP are - 6 - HC-KAR NC: 2025:KHC-D:12725 WP No. 103855 of 2022 stayed only to the extent of drawing up final decree”. It is further noticed that the final decree proceedings were initiated in FDP.No.8/2012 and the final decree was drawn on 23.03.2015 which was challenged by the petitioner in RA.No.21/2015. In the said proceedings the petitioner filed a memo along with the order of this Court dated 29.06.2017 passed in RSA.No.5641/2013. The trial Court taking note of the same has recorded the finding that before granting of the interim order by this Court in RSA.No. 5641/2013, the final decree proceedings were drawn and directed the parties to argue the appeal in RA.No.21/2015. The aforesaid impugned order of the trial Court would not cause any prejudice to the petitioner calling for interference in the present petition. Ultimately, the contentions of the petitioner in RA.No.21/2015 are required to be adjudicated by the said Court on its merits. Taking note of the same, the present writ petition is dismissed. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 2