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2026 DAILYLAW 11506 (KAR)

MRS UMME SALMA KHANUM v. SRI IBRAHIM KHAN

WP/25946/2025 · 2026-03-24

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.25946 OF 2025 (GM-ST/RN) BETWEEN: 1. MRS UMME SALMA KHANUM AGED ABOUT 47 YEARS, DAUGHTER OF MR. SHAFIULLA KHAN AND LATE MRS. WAHEED KHANUM, WIFE OF MR. MOHAMED KOWNAIN AHMED, R/AT. NO.16, 2ND MAIN ROAD, 3RD CROSS ROAD, JAYANAGAR SRK GARDEN, BANGALORE-560 041 2. MRS. SAMEENA KHANUM, AGED ABOUT 46 YEARS, DAUGHTER OF MR. SHAFIULLA KHAN AND LATE MRS. WAHEED KHANUM, WIFE OF MR. ZAMEER KHAN, R/AT. NO.16, 2ND MAIN ROAD, 3RD CROSS ROAD, JAYANAGAR SRK GARDEN, BANGALORE-560 041, 3. MRS. AYESHA KHANUM, AGED ABOUT 45 YEARS, DAUGHTER OF MR. SHAFIULLA KHAN AND LATE MRS. WAHEEDA KHANUM, WIFE OF MR. MOHAMMED IBRAHIM AYUB, RESIDING AT NO.5/2, 5TH CROSS, MD BLOCK, NEAR CHAMARAJPET POLICE STATION, MYSORE, CHAMRAJPET, BANGALORE-560 018, 4. MR. SHUJATH ULLA KHAN, AGED ABOUT 44 YEARS, SON OF MR. SHAFIULLA KHAN AND Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 LATE MRS. WAHEEDA KHANUM, R/AT. NO.13, SIRSI ROAD, CHAMRAJAPET, BANGALORE-560 018, 5. MRS. FATHIMA KHANUM, AGED ABOUT 42 YEARS, D/O. MR. SHAFIULLA KHAN AND LATE MRS. WAHEEDA KHANUM, WIFE OF MR. JAMEEL AHMED, R/AT. NO.10/1, 1ST FLOOR, 1ST CROSS ROAD, TILAK NAGAR, SRK GARDEN, BANGALORE. 6. MRS. VAJEEHA KHANUM, D/O. LATE MR. YOUSUF ALI KHAN, AGED ABOUT 60 YEARS, R/AT. NO.486, N.M. ROAD, PIPE LINE, ILIYAS NAGAR, J.P. NAGAR, BANGALORE-560 078. 7. MRS. RASHEEDA KHANUM, D/O. LATE MR. YOUSUF ALI KHAN, AGED ABOUT 58 YEARS, R/AT. NO.10, 1ST CROSS ROAD, CHENGAYYA COMPOUND, OPP HUSAN MASJID, SRK GARDEN, JAYANAGAR, BANGALORE-560 041. 8. MR. EHASANULLA KHAN, SON OF LATE MR. YOUSUF ALI KHAN, AGED ABOUT 56 YEARS, R/AT. FIRST FLOOR, NO.286, 10TH CROSS ROAD, OPP GANESHA TEMPLE, BYRASANDRA, BANGALORE-560 011, 9. MR. OBED KHAN YOUSUF S/O. LATE MR. YOUSUF ALI KHAN, AGED ABOUT 54 YEARS, R/AT. NO.3/1, MOSQUE ROAD, - 3 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 OUT HOUSE, BASAVANAGUDI, BANGALORE-560 004. 10. MR. NAYATH ULLA KHAN S/O. LATE MR. YOUSUF ALI KHAN, AGED ABOUT 52 YEARS, R/AT. NO.21, 2ND CROSS ROAD, NEW PETNOOL PET, KALASIPALYAM-560 002. 11. MR. ZAFRULLA KHAN, S/O. LATE YOUSUF ALI KHAN, AGED ABOUT 50 YEARS, R/AT. NO. 70/3, RANOJI RAO ROAD, BASAVANAGUDI, BANGALORE-560 004. PETITIONERS ARE REPRESENTED BY THEIR GPA HOLDER, MR. MOHAMED ARIF JAMEEL S/O. LATE ABDUL RASHEED, AGED ABOUT 54 YEARS, R/AT. NO.179, 2ND FLOOR, 6TH CROSS, PILLANA GARDEN, 3RD STAGE, BENGALURU-560 045. …PETITIONERS (BY SRI. RAHAMATHULLA KOTHWAL.,ADVOCATE) AND: 1. SRI IBRAHIM KHAN S/O KAREEM KHAN, AGED ABOUT 80 YEARS, R/AT NO.15, OLD 45,3RD CROSS, P AND T COLONY, VENKATESHWARAPURAM, KADUGONDANA HALLI, ARABIC COLLEGE POST, BENGALURU- 560 045 2. SRI SADATHULLA KHAN S/O IBRAHIM KHAN, - 4 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 AGED ABOUT 44 YEARS, RESIDING AT NO.15, OLD 45, 3RD CROSS, P AND T COLONY, VENKATESHWARAPURAM, K.G. HALLI, BENGALURU- 560045. RESPONDENT NO.2 IS REPRESENTED BY GPA HOLDER, SRI IBRAHIM KHAN S/O. SRI KAREEM KHAN. 3. THE SUB REGISTRAR BYATARAYANAPURA, OFFICE AT 1ST FLOOR, 3RD CROSS, B.B.M.P WARD NO.8, NEAR BALAMURI GANAPATHI TEMPLE, KODIGEHALLI MAIN ROAD, TATANAGAR, BANGALORE-560092. 4. THE DISTRICT REGISTRAR (GANDHINAGAR), NO.8, 2ND AND 3RD FLOORS, BBMP WARD, NEAR BALAMURI GANAPATHI TEMPLE, 3RD CROSS, TATA NAGAR, KODIGEHALLI, BANGALORE-560 092. 5. INSPECTOR GENERAL FOR REGISTRATION, 8TH FLOOR, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560 009. 6. THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, M.S. BUILDING, BANGALORE-560 001. …RESPONDENTS (BY SRI. NAVYA SHEKAR, AGA FOR R3 TO R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF INDIAN CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE DEED DATED 23.08.2024 REGISTERED AS DOC.NO.BYP- - 5 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 1-07803-2024-25 OF BOOK NO.1 REGISTERED IN THE OFFICE OF SUB-REGISTRAR, BYATARAYANAPURA IN RESPECT OF SY.NOS.61, 62 IN ALL MEASURING 10 ACRES SITUATED AT MEESAGANAHALLI VILLAGE, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT EXECUTED IN FAVOUR OF 1ST RESPONDENT VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking for the following reliefs; "a) Issue a writ of certiorari to quash the Sale Deed dated 23.08.2024 registered as Doc.No.BYP-1-07803-2024-25 of Book No.1 registered in the Office of Sub-Registrar, Byatarayanapura in respect of Sy. Nos.61, 61 in all measuring 10 acres situated at Meesaganahalli Village, Jala Hobli, Devanahalli Taluk, Bengaluru District executed in favour of 1st respondent vide Annexure-A. AND b) To grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and - 6 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 circumstances of the case by allowing the above writ petition, in the interest of justice and equity." 2. On perusal of the prayer extracted supra, this Court finds that the petitioners have sought for quashing of a registered Sale Deed dated 23.08.2024 by invoking the writ jurisdiction under Articles 226 and 227 of the Constitution of India. Such a relief, in the considered opinion of this Court, is wholly misconceived and not maintainable in writ proceedings. 3. It is trite that disputes relating to title, validity of sale deeds and adjudication of civil rights require examination of facts and evidence, which can appropriately be undertaken only by a competent Civil Court. If the petitioners are aggrieved by the registration of the disputed sale deed by the jurisdictional Sub- Registrar, the proper and efficacious remedy available is to institute an appropriate civil suit seeking necessary declaratory and consequential reliefs. - 7 - HC-KAR NC: 2026:KHC:16878 WP No. 25946 of 2025 4. In that view of the matter, this Court declines to entertain the writ petition. Hence, the following: ORDER The writ petition stands disposed of, reserving liberty to the petitioners to avail efficacious alternative remedy by instituting an appropriate suit before the competent Civil Court, in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 5