- 1 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13254 OF 2024 (GM-CPC) BETWEEN: 1. ZEENATHUNNISA D/O LATE MOHAMMED FAKRUDDIN AGED 78 YEARS 2. ZUBEDUNNISA D/O LATE MOHAMMED FAKRUDDIN AGED 72 YEARS 3. ABDUL MAJID S/O LATE MOHAMMED FAKRUDDIN AGED 67 YEARS 4. MOULA ALI S/O LATE MOHAMMED FAKRUDDIN AGED 52 YEARS 5. MOHAMMED GOUSE S/O LATE MOHAMMED FAKRUDDIN AGED 48 YEARS 6. FATHIMUNNISA D/O LATE MOHAMMED FAKRUDDIN AGED 46 YEARS 7. RAZIA BEGUM D/O LATE MOHAMMED FAKRUDDIN AGED 44 YERAS 8. MOHAMMED SIRAJUDDIN S/O LATE MOHAMMED FAKRUDDIN AGED 42 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 9. AMREEN TAJ D/O MOHAMMED KHAWJA AND BIBI AYESHA, 24 YEARS 10. MOHMMED MUZAMIL S/O MOHAMMED KHAWJA AND BIBI AYESHA, 22 YEARS 11. TASMIYA KAUZER D/O MOHAMMED KHAWJA AND BIBI AYESHA, 20 YEARS PETITIONERS ARE RESIDING AT RAZAK PALYA, BAGALUR VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU RURAL DISTRICT. NOTE: PLAINTIFF NO.5 BIBI AIYESHA DIED DURING THE PENDENCY OF THE SUIT AND NOW HER LRS ARE MADE AS PETITIONERS NO.9, 10 AND 11. …PETITIONERS (BY SRI. KARUMBAIAH T.A., ADVOCATE) AND: 1. ALLA BAKASH S/O LATE SYED BASHA AGED ABOUT 45 YEARS 2. MUNEER S/O LATE SYED BASHA AGED ABOUT 43 YEARS 3. MALAN D/O LATE SYED BASHA AGED ABOUT 41 YEARS - 3 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 4. SHAHEENA D/O LATE SYED BASHA AGED ABOUT 39 YEARS 5. BABA JAN S/O LATE SYED BASHA AGED ABOUT 37 YEARS 6. KHALEEL S/O LATE SYED BASHA AGED ABOUT 33 YEARS 7. ISMAIL S/O LATE SYED BASHA AGED ABOUT 31 YEARS 8. RAFIQ S/O LATE SYED BASHA AGED ABOUT 29 YEARS 9. KHALIQ S/O LATE SYED BASHA AGED ABOUT 27 YEARS RESPONDENTS 1 TO 9 ARE R/AT B. PALYA, JALA HOBLI BENGALURU NORTH TALUK. 10. ABDUL KHADER S/O LATE SHAIK MASTHAN AGED ABOUT 48 YEARS 11. RIZWAN PASHA S/O LATE SHAIK MASTHAN AGED ABOUT 47 YEARS 12. MOHAMMED GHOUSE S/O LATE SHAIK MASTHAN AGED ABOUT 43 YEARS - 4 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 13. FAROOQ S/O LATE SHAIK MASTHAN AGED ABOUT 41 YEARS 14. SHAIK MEHABOOB S/O LATE SHAIK MASTHAN AGED ABOUT 50 YEARS 15. IMATOZ PASHA S/O LATE SHAIK MASTHAN AGED ABOUT 44 YEARS 16. MUBARAK PASHA S/O LATE SHAIK MASTHAN AGED ABOUT 29 YEARS 17. ZABIULLA S/O LATE SHAIK MASTHAN AGED ABOUT 42 YEARS 18. MOHAMMED KALEEL S/O LATE SHAIK MASTHAN AGED ABOUT 45 YEARS 19. NAZEER PASHA S/O LATE SHAIK MASTHAN AGED ABOUT 49 YEARS RESPONDENTS NO.10 TO 19 ARE R/AT RAZAK PALYA, JALA HOBLI YELAHANKA TALUK BANGALORE URBAN DISTRICT. 20. SHAIK DAWOOD @ TIPPU S/O LATE D M SULAIMAN AGED ABOUT 50 YEARS R/AT RAZAK PALYA, JALA HOBLI, YELAHANKA TALUK BANGALORE URBAN DISTRICT. - 5 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 21. ABDUL WAJID S/O LATE MOHAMMED FAKRUDDIN AGED ABOUT 77 YEARS R/AT RAZAK PALYA BAGALUR VILLAGE, JALA HOBLI, YELAHANKA TALUK BENGALURU RURAL DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX- G THE ORDER DTD 26.02.2024 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC DEVANAHALLI ON IA NO. IN OS NO. 131/2022 AND REJECT THE SAID APPLICATION AND DIRECT THE TRIAL COURT TO PROCEED WITH THE MATTER ON MERIT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the order dated 26.02.2024 by which the application filed by the defendant Nos.11 to 20 under Order VII Rule 11 is allowed and the plaint is rejected and a decree is drawn accordingly. Therefore, writ petition so filed under Article 227 of Constitution of India is not maintainable. - 6 - HC-KAR NC: 2025:KHC:31965 WP No. 13254 of 2024 2. Reserving liberty to the petitioner to file an appeal, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 258