Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1444 OF 2024 (PAR-) C/W REGULAR SECOND APPEAL NO. 1453 OF 2024
IN RSA No. 1444/2024 BETWEEN:
1. SRI JEELAN PASHA S/O. LATE S. AMEER JAN, AGED ABOUT 66 YEARS,
2. SRI. HABEEB S/O. LATE S. AMEER JAN, AGED ABOUT 62 YEARS,
3. SRI. SALEEM S/O. LATE S. AMEER JAN, AGED ABOUT 60 YEARS,
4. SRI. BABU @ KHADER SINCE DEAD BY HIS LRS.,
SMT. SHABANA, AGED ABOUT 38 YEARS, W/O. LATE BABU @ KHADER,
5. MASTER K. ASHWAKH AGED ABOUT 06 YEARS, S/O. LATE BABU @ KHADER, SINCE MINOR, REPRESENTED BY
Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
NATURAL GUARDIAN, MOTHER APPELLANT NO. 5,
6. MOIN PASHA S/O. LATE S. AMEER JAN, AGED ABOUT 44 YEARS,
APPELLANTS 1 TO 6 R/AT V. P. KATHA NO. 114, 3RD BLOCK, KYASAMBALLI ROAD, OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. …APPELLANTS (BY SRI. UMESH B N.,ADVOCATE)
AND:
1. SMT DILSHAD BI W/O. SHEIK AHMED, SINCE DEAD BY LRS.,
SRI. SHAIK AHMED, S/O. LATE ABDUL KHUDUS, AGED ABOUT 74 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 2. SRI. CHAND PASHA S/O. SHAIK AHMED, AGED ABOUT 47 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 3. SMT. ZAHARUNNISSA D/O. SHAIK AHMED, AGED ABOUT 42 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. - 3 -
HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
4. SMT. SHABEEN TAJ D/O. SHAIK AHMED, AGED ABOUT 40 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 5. SMT. ASMA D/O. SHAIK AHMED, AGED ABOUT 38 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 6. SRI. SAMIULLA S/O. SHAIK AHMED, AGED ABOUT 36 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 7. SMT. SEEMA TAJ D/O. SHAIK AHMED, AGED ABOUT 34 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 8. SMT. RAFIZ ANJUM D/O. SHAIK AHMED, AGED ABOUT 32 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 9. SRI. ASHRAF PASHA S/O. SHAIK AHMED, AGED ABOUT 30 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 10. SMT.
SHAMSHAD SINCE DEAD BY HER LRS., SRI. MOHAMMED JAN, AGED ABOUT 74 YEARS, R/AT NO. 15119,
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
NETAJI RAOD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. 11. SRI. MOHAMMED RAFI S/O. MOHAMMED JAN AND SHAMSHAD, AGED ABOUT 38 YEARS, R/AT NO. 15119, NETAJI ROAD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. 12. SRI. MOHAMMED GHOUSE S/O. MOHAMMED JAN AND SHAMSHAD, AGED ABOUT 33 YEARS, R/AT NO. 15119, NETAJI ROAD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. 13. SRI. SHABRIN TAJ D/O. MOHAMMED JAN AND SHAMSHAD, AGED ABOUT 32 YEARS, R/AT NO. 15119, NETAJI ROAD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. 14. SRI. MOHAMMED SUHAIL S/O. MOHAMMED JAN AND SHAMSHAD, AGED ABOUT 29 YEARS, R/AT NO. 15119, NETAJI ROAD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. - 5 -
HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
15. SMT. BASREEN TAJ D/O. MOHAMMED JAN AND SHAMSHAD, AGED ABOUT 31 YEARS, R/AT NO. 15119, NETAJI ROAD, NEW PET, KURMAYAPURAM, KUPPAM-517 425, ANDHRA PRADESH. 16. SMT. SHAHTAJ W/O. ILIYAZ, AGED ABOUT 54 YEARS, R/AT V. P. KHATHA NO. 114, OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 17. SMT. RESHMA W/O. HYDER, AGED ABOUT 42 YEARS, R/AT OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. 18. SMT NOORJAN W/O ASLAM AGED 51 YEARS R/AT HOUSE IN S.NO.202/2, OLD TOWN, BETHAMANGALA KOLAR DISTRICT-563101. 19. SYED AZMATH @ AJJU S/O SYED SHARFUDDIN SAHEB, AGED ABOUT 47 YEARS CHICKEN STALL, VP KHATHA NO.114, 3RD BLOCK, KYASAMBALLI ROAD, OLD TOWN, BETHAMANGALA KOLAR DISTRICT-563101
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
20. SRI. AFSAR S/O LATE PYARUJAN, AGED 50 YEARS,
21. SRI VENKATESH S/O GANTAPPA, AGED 48 YEARS, BARBAR STALL,
22. SRI RIYAZ AHMED S/O ABDUL JABBAR, AGED YEARS 47 YEARS TWO WHEELER MECHANIC SHOP,
23.
SRI TURAB S/O SHAIKH YASEEM, AGED 41 YEARS, PUNCHER SHOP,
24. SRI SEENAPPA, S/O GANTAPPA, AGED 47 YEARS, BARBAR SHOP,
RESPONDENT NO.2O TO 24 RESIDING AND DOING BUSINESS AT VP KATHA NO114, V KOTA ROAD, 3RD BLOCK, BETHAMANGALA, KOLAR DISTRICT-563101
25. SRI. NARAYANASWAMY S/O NARAYANAPPA, AGED ABOUT 57 YEARS, BLACKSMITH SHOP, R/AT V.P. KHATHA NO.114, KYASAMBALLI ROAD, 3RD BLOCK, BETHAMANGALA KOLAR DISTRICT-563101. - 7 -
HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
26. SRI. SHAIKH ABDULLA S/O SHAIKH KHASIM SAB, AGED ABOUT 52 YEARS, R/AT HOUSE IN S.NO.202/2, KYASAMBALLI ROAD, BETHAMANGALA KOLAR DISTRICT-563101. 27. SRI. AMEEN S/O SHUKUR SAHEB, AGED ABOUT 52 YEARS, R/AT 4TH BLOCK, MUTTON STALL, BETHAMANGALA KOLAR DISTRICT-563101
28. SRI. SHAIK AHMED S/O LATE ABDUL KHUDUS, AGED ABOUT 74 YEARS, R/AT 3RD BLOCK, KYASAMBALLI ROAD, OLD TOWN, BETHAMANGALA KOLAR DISTRICT-563101. 29. SMT. PADMA W/O G. SRINIVAS, AGED ABOUT 56 YEARS, KODIHALLI, BETHAMANGALA HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101
30. SMT. M.S. MAMATHA W/O M. KUMARESH, AGED ABOUT 44 YEARS, R/AT NO.327, TANK ROAD, BANGARPET KOLAR DISTRICT-563101
31. SRI. NAZEER AHMED S/O LATE MUSTAQ AHMED, AGED ABOUT 57 YEARS, R/AT KGF V.KOTA ROAD, DADA HARDWARES,
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
V. KOTA, PALAMNER TALUK, CHITTOOR DISTRICT, ANDHRA PRADESH
32. SRI. B.G. VENKATAMUNI S/O GANGAPPA, AGED ABOUT 60 YEARS, R/AT BETHAMANGALA TOWN AND HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101. 33. SMT. V. MANJULA W/O V. SRINIVAS, AGED ABOUT 47 YEARS, R/AT HANUMANTHA NAGAR, KYASAMBALLA TO BETHAMANGALA ROAD, BETHAMANGALA TOWN AND POST, BETHAMANGALA HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101. 34. SRI. J.V. KRISHNA S/O J. VENKATACHALAPATHY SETTY, AGED ABOUT 57 YEARS, R/AT PATELSAB STREET, BETHAMANGALA TOWN AND POST, BETHAMANGALA HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101
35. SRI. VENKATACHALAPATHY S/O LATE DASAPPA, AGED ABOUT 51 YEARS, R/AT POTHARAJAHALLI VILLAGE, BETHAMANGALA POST AND HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101. 36. SMT.
CHANDRABAI W/O N. PRAKASH SINGH, AGED ABOUT 42 YEARS,
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
R/AT NO.7, POLICE COLONY, BETHAMANGALA TOWN AND HOBLI, BANGARPET TALUK. KOLAR DISTRICT-563101. 37. SRI. K.S. MANJUNATH S/O SATHYAPPA, AGED ABOUT 35 YEARS, R/AT KAVARAGANAHALLI VILLAGE, BETHAMANGALA HOBLI, BANGARPET TALUK KOLAR DISTRICT-563101. 38. SRI. CHINNAPPAIAH S/O VENKATESHAPPA, AGED ABOUT 42 YEARS, BARBER SHOP, AMEERSAB BUILDING, V.KOTA ROAD, BETHAMANGALA. KOLAR DISTRICT-563101. …RESPONDENTS
THIS RSA FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 1.07.2024 PASSED IN RA NO.111/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC, K.G.F., ALLOWING THE APPEAL AND SETTING ASIDE THE PART OF JUDGEMENT AND DECREE DATED 12.04.2022 PASSED IN OS NO.66/2012 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, K.G.F.
IN RSA NO. 1453/2024
BETWEEN:
1. SRI JEELAN PASHA S/O. LATE S. AMEER JAN, AGED ABOUT 66 YEARS,
2. SRI. HABEEB S/O. LATE S. AMEER JAN, AGED ABOUT 62 YEARS,
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
3. SRI. SALEEM S/O. LATE S. AMEER JAN, AGED ABOUT 60 YEARS,
4. SRI. BABU @ KHADER SINCE DEAD BY HIS LRS.,
SMT. SHABANA, AGED ABOUT 38 YEARS, W/O. LATE BABU @ KHADER,
5. MASTER K. ASHWAKH AGED ABOUT 06 YEARS, S/O. LATE BABU @ KHADER, SINCE MINOR, REPRESENTED BY NATURAL GUARDIAN, MOTHER APPELLANT NO. 5,
6. MOIN PASHA S/O. LATE S. AMEER JAN, AGED ABOUT 44 YEARS,
APPELLANTS 1 TO 6 R/AT V. P. KATHA NO. 114, 3RD BLOCK, KYASAMBALLI ROAD, OLD TOWN, BETHAMANGALA, KOLAR DISTRICT-563 101. ...APPELLANTS (BY SRI. UMESH B N.,ADVOCATE)
AND:
1.
SMT DILSHAD BEE SINCE DEAD BY LRS
SRI SHAIK AHMED
S/O LATE DILSHAD BEE AGED ABOUT 73 YEARS
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
2. SRI CHAND PASHA S/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 47 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
3. SMT. SHABANA W/O RIYAZ PASHA AGED ABOUT 43 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
4. SMT. ANJUM D/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 40 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
5. SRI SHAMEE PASHA D/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 36 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
6. SRI ASHRAF PASHA S/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 36 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
7. SMT BADRUNNISSA S/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 34 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
8. SMT. MUNNEE S/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 32 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
9. ASMA W/O RIYAZ PASHA D/O SHAIK AHMED AND DILSHAD BEE AGED ABOUT 42 YEARS R/AT 3RD BLOCK BETHAMANGALA OLD TOWN KYASAMBALLI ROAD KGF TALUK KOLAR DISTRICT 563 101
10. SMT SHAMSHAD SINCE DEAD BY HER LRS
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
SRI MOHAMED JAN AGED ABOUT 74 YEARS R/AT NO.
15-119 NETAJI RAOD NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
11. SRI MOHAMED RAFI S/O MOHAMED JAN AND SHAMSHAD AGED ABOUT 38 YEARS R/AT NO. 15-119 NETAJI RAOD NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
12. SRI MOHAMED GHOUSE S/O MOHAMED JAN AND SHAMSHAD AGED ABOUT 33 YEARS R/AT NO. 15-119 NETAJI RAOD NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
13. SRI SHABRIN TAJ D/O MOHAMED JAN AND SHAMSHAD AGED ABOUT 32 YEARS R/AT NO. 15-119 NETAJI RAOD NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
14. SRI MOHAMED SUHAIL S/O MOHAMED JAN AND SHAMSHAD AGED ABOUT 29 YEARS R/AT NO. 15-119 NETAJI RAOD
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
15. SMT BASREEN TAJ D/O MOHAMED JAN AND SHAMSHAD AGED ABOUT 31 YEARS R/AT NO. 15-119 NETAJI RAOD NEW PET KURMAYAPURAM KUPPAM 517425 ANDHRA PRADESH
16. SMT. SHAHATAJ W/O ILIYAZ AGED ABOUT 54 YEARS R/AT V P KHATHA NO. 114 OLD TOWN BETHAMANGALA KGF TALUK KOLAR DISTRICT 563101
17. SMT. RESHMA W/O HYDER AGED ABOUT 42 YEARS R/AT OLD TOWN BETHAMANGALA KGF TOWN KOLAR DISTRICT 563 101
18. SMT NOOR JAN W/O ASLAM AGED 51 YEARS R/AT OLD TOWN BETHAMANGALA KGF TOWN KOLAR DISTRICT 563 101 ...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.07.2024 PASSED IN
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
RA NO.109/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, K.G.F, DISMISSING THE APPEAL AND FILED AGAINST THE
JUDGMENT AND DECREE DATED 12.04.2022 PASSED IN OS NO.66/2012 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, K.G.F.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT Heard Sri. Umesh B.N., learned counsel appearing for the appellants. 2. These two appeals are filed by defendant Nos. 1 to 5 challenging the common judgment passed by the first appellate court in RA No.111/2022 and RA No.109/2022. In the trial court, suit in O.S.No.66/2012 came to be decreed in part denying the share of the plaintiffs in Item No.6 of the suit properties. 3. As against the dismissal denying the share of the plaintiffs in Item No.6, plaintiffs filed appeal in RA No.111/2022 whereas the defendants questioned the
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
validity of the trial court judgment in granting the share in item Nos. 1 to 5. 3. Learned judge in the first appellate court after securing the records, reappreciated the factual aspects and material evidence on record. 4. Taking note of the fact that the fixed shares are already carved out under the Mohammedan Law, learned judge in the First appellate Court granted the shares in respect of all the six items. 5. Present appeals are thus preferred by defendant Nos. 1 to 5 challenging the validity of the order of the first appellate court in decreeing the suits in entirety. 6. Sri. Umesh B N, learned counsel reiterating the grounds urged in the appeal memorandum/s would contend that the mother of the parties has already alienated with regard to her 1/8th share in the suit properties. - 17 -
HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
7. Therefore, the granting of the decree in toto ignoring the said aspect of the matter has resulted in miscarriage of justice and sought for admitting the appeals on the following substantial questions of law:
"a. Whether both courts justified in law in decreeing the suit, by ignoring the fact that the plaintiffs inspite of having pleaded about the registered partition deed between the Defendants No: 1 to 5, and having not challenged the same, the suit was liable to be dismissed on the said ground alone? b. Whether both the Courts are justified in law in ignoring the sale transaction made by the mother and to allot a share to her proportionate to such sale made by her, which ought not have put to the accent of defendants No: 1to 5?
c. Ex.D15 one of the sale deed of the year 2000 to which though the plaintiffs were witness, and having knowledge of Defendants 1 to 5 exercising their rights over the schedule property tot eh exclusion of plaintiffs, was the suit filed in the year 2012 maintainable and entitled for decree of partition. d. Was the suit maintainable without including the property bearing Katha No:9/2 of Bethamangala which has been got registered in favour of the husband of the 1st plaintiff vide sale deed dated 15/3/1995?"
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HC-KAR NC: 2025:KHC:29656 RSA No. 1444 of 2024 C/W RSA No. 1453 of 2024
8. Having heard the arguments of the learned counsel for the appellants, this court is of the considered opinion that if the mother of the parties has already sold the property to third parties in respect of her 1/8th share in the suit properties, purchasers are entitled to seek for allotment of those properties which denote 1/8th share of the mother of the parties in the final decree proceedings. 9. Reserving such liberty, the substantial questions of law raised in the present appeals do not merit for further consideration. 10. Accordingly, the following:-
ORDER Both the appeals are meritless and hereby dismissed.
Sd/- (V SRISHANANDA) JUDGE BSV/List No.: 2 Sl No.: 55