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2026 DAILYLAW 11679 (KAR)

SMT.SHAMEEM UNNISA, v. SMT. RASHIDA BI

WP/5470/2026 · 2026-03-02

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5470 OF 2026 (GM-CPC) BETWEEN: 1. SMT.SHAMEEM UNNISA D/O LATE ABDUL RAHEEM W/O LATE ABDUL KUDDUS AGED ABOUT 63 YEARS R/AT KUMBAR STREET KORATAGERE, TUMKUR-572129. 2. SRI.ABDUL KHALEEL S/O LATE ABDUL RAHEEM AGED ABOUT 61 YEARS R/ AT BUDON SAB PALYA BAGALUR, JALA HOBLI BENGALURU NORTH TALUK BENGALURU-562149. 3. SMT.MALLIKA D/O LATE ABDUL RAHEEM W/O VALI AHMED AGED ABOUT 54 YEARS R/ AT LAKKURU, NELAMANGALA TALUK BENGALURU RURAL-562111. 4. SMT.PHAIM UNNISA D/O LATE ABDUL RAHEEM W/O ZIKKR AGED ABOUT 51 YEARS R/AT DODDABELE THYAMAGONDLU BENGALURU RURAL-562132. 5. SMT.NASRIN TAZ D/O LATE ABDUL RAHEEM Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 W/O NAZEER AGED ABOUT 48 YEARS R/AT NO.37, RENUMAKALAHALLI RAMAPATNA, CHIKKABALLAPURA-561209. …PETITIONERS (BY SRI. CHANDRACHUD A., ADVOCATE) AND: 1. SMT. RASHIDA BI D/O LATE ABDUL GAFUR SAB W/O AMAJAD KHAN AGED ABOUT 61 YEARS R/AT NO.23/21, 3RD CROSS UMARNAGAR, NAGAVARA MAIN ROAD ARABIC COLLEGE POST BENGALURU-560 045. 2. SMT. KHUTEJA D/O LATE ABDUL GAFUR SAB W/O MOHAMMED AKRAM AGED ABOUT 59 YEARS R/AT 13TH CROSS, ANWAR LAYOUT VENUGOPALA TEMPLE STREET KADUGONDANAHALLI BENGALURU-560 045. 3. SMT. SHAHEDA D/O LATE ABDUL GAFUR SAB W/O LATE SHEKH AMJAD AGED ABOUT 53 YEARS R/AT NO. 163, BUDANSAB PALYA VILLAGE BAGALUR POST, BENGALURU-562 149 4. SMT.ASIYA BI D/O LATE ABDUL GAFUR SAB W/O CHAND PASHA AGED ABOUT 51 YEARS R/AT NO.32, K. NARAYANAPURA KHB COLONY, KOTHANOOR POST BENGALURU-560 077. - 3 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 5. SRI. NAZIR AHAMED S/O. LATE ABDUL GAFUR SAB AGED ABOUT 71 YEARS R/AT NO.14, BUDAN SAB PALYA BAGLUR POST, BENGALURU-562 149 SMT. ASMATHUNNISA SINCE DEAD BY HER LRS 6. SMT.BATTULLUNNISA AGED ABOUT 60 YEARS W/O SRI.NAJEER AHAMED R/AT NO.58, BUDAN SAB PALYA JALA HOBLI, BENGALURU NORTH TALUK BENGALURU-562 149. 7. SRI. MEHABOOB KHAN S/O LATE KALANDAR KHAN AGED ABOUT 57 YEARS R/AT BELLAHALLI CROSS, KOGILU LAYOUT YELAHANKA, BENGALURU-560 064. 8. SRI.AHAMED KHAN S/O LATE KALANDAR KHAN AGED ABOUT 54 YEARS R/AT BUDAN SAB PALYA VILLAGE JALA HOBLI, BENGALURU NORTH TALUK BENGALURU-562 149. 9. SRI.SUBAN KHAN S/O LATE KALANDAR KHAN AGED ABOUT 52 YEARS R/AT NO.50, C-BLOCK, BANNERGHATTA ROAD DIARY CIRCLE, JAYANAGAR FIRE QUARTERS BENGALURU-560029. 10. SRI.NAWAZ KHAN S/O LATE KALANDAR KHAN AGED ABOUT 47 YEARS R/AT HEGGUNDA, KARIMANE - 4 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 SOMPUR HOBLI, NELAMANGALA TALUK BENGALURU RURAL-562111. 11. SMT.JAMEELABI W/O SRI.SANAULLA KHAN AGED ABOUT 45 YEARS R/AT LAKKUR VILLAGE AND POST BENGALURU RURAL- 562111. 12. SMT.MEHERTAJ W/O SRI.NOORULLA AGED ABOUT 44 YEARS R/AT NO.149, RAZAK SAB PALYA VILLAGE JALA HOBLI, BENGALURU NORTH TALUK BENGALURU-562149. 13. SMT.TASMIYA W/O SRI.CHANDPASHA AGED ABOUT 50 YEARS R/AT NO.73, CHINNASANDRA VILLAGE CHIKKABALLAPURA TALUK CHIKKABALLAPURA-563125 14. SRI.ZABIULLA S/O LATE ABDUL GAFUR SAB AGED ABOUT 65 YEARS R/AT NO.161, BUDDAN SAB PALYA BAGALUR POST, BENGALURU -562 149. 15. SRI. OBIEDULLA S/O LATE ABDUL GAFUR SAB AGED ABOUT 57 YEARS R/AT NO.160, BUDDAN SAB PALYA BAGLUR POST, BENGALURU-562 149 …RESPONDENTS (BY SRI. MARUTHI G B., ADVOCATE FOR R1 TO R4: SRI K A HARISH, ADVCOATE FOR C/R5, R14 & R15) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED - 5 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 ORDER DATED 05/01/2026 PASSED IN O.S.NO.104/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT DEVANAHALLI, AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners-impleading applicants have called in question the order dated 05.01.2026 passed by the Prl. Senior Civil Judge & JMFC, Devanahalli, on I.A.VII filed by the impleading applicants under Order 1 Rule 10(2) read with Section 151 of CPC, in O.S.No.104/2020, whereby the said application has been rejected. 2. Learned counsel appearing for respondents has filed a memo enclosing the copy of the order decree dated 05.02.2026 passed by the Trial Court in O.S.No.104/2020 stating that the final decree has been passed on the basis of the compromise petition filed by the parties. - 6 - HC-KAR NC: 2026:KHC:12534 WP No. 5470 of 2026 3. Learned counsel for the petitioners submits that subsequent to filing of the present writ petition challenging the order dated 05.01.2026, the Trial Court has passed the final decree dated 05.02.2026 on the basis of the compromise petition filed by the parties. 4. In view of the final decree having been passed, the writ petition challenging the interlocutory order on the impleading application does not survive for consideration. If the petitioners are aggrieved by the compromise decree, it is open for them to avail appropriate remedy in accordance with law before the competent Court, including by taking recourse to the provisions under Order XXIII Rule 3 of the CPC. 5. Accordingly, reserving liberty as aforesaid, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 8