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2026 DAILYLAW 12639 (KAR)

SRI SYED CHAND PASHA v. SRI SYED MOULANA

WP/23601/2025 · 2026-04-08

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23601 OF 2025 (GM-CPC) BETWEEN: SRI SYED CHAND PASHA S/O. LATE SYED KHURSHEED SHAH, AGED ABOUT 45 YEARS, RESIDING AT HINDUSTAN ENTERPRISES, SATYANARAYANA COMPLEX, NH-4, NEAR BUS STAND, DABASPETE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA - 560 102 …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI. JAYARAJ D.S, ADVOCATE) AND: 1. SRI SYED MOULANA S/O. LATE SYED KHALEEL SHA, AGED ABOUT 50 YEARS, RESIDING AT LAKKUR VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA 560 102 2. LATE SHARFUNNISA, W/O. LATE SYED SADIQ PASHA, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 (SINCE DEAD BY HER LRS' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS. 2 TO 4) LATE SYED SHAHID PASHA, S/O. LATE SYED SADIQ PASHA, (DEAD LEAVING BEHIND NO LR) LATE SYED IRSHAD PASHA, S/O. LATE SYED SADIQ PASHA, (DEAD LEAVING BEHIND NO LR) SRI. SYED SAJJAD PASHA, S/O. LATE SYED SADIQ PASHA, AGED ABOUT 40 YEARS 3. SRI. SYED SHUJATH PASHA S/O. LATE SYED SADIQ PASHA, AGED ABOUT 37 YEARS 4. SMT. SYEDA HAMAIRUNNISA D/O. LATE SYED SADIQ PASHA, AGED ABOUT 32 YEARS RESPONDENT NOS.2 TO 4 ARE RESIDING AT BANASHANKARI, 2ND STAGE, 34TH CROSS, 9TH MAIN ROAD, BENGALURU - 560 070 LATE SYED JALEEL PASHA, (SINCE DEAD BY HIS LRS WHO ARE ALREADY ON RECORD AS RESPONDENT NOS. 12 TO 15) LATE SYED ZIAULLA SHA, S/O. LATE SYED JALEEL SHA, - 3 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 (SINCE DEAD BY HIS LRS' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS. 8 TO 11) LATE SYED SHUJATH PASHA, S/O. LATE SYED ZIAULLA PASHAH, (SINCE DEAD BY HIS LRS' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS. 5 TO 7) SMT. NAZIYA KHANUM, W/O. LATE SYED SHUJATH PASHA, AGED ABOUT 41 YEARS (IN RA NO. 35/2024, RESPONDENT NO. 5 IS WRONGLY SHOWN AS DAUGHTER BUT SHE IS THE W/O. LATE SYED SHUJATH PASHA) 6. SRI. SYED ZAID SHA S/O. LATE SYED SHUJATH PASHA, AGED ABOUT 21 YEARS 7. SMT. SHEZA FATHIMA D/O. LATE SYED SHUJATH PASHA, AGED ABOUT 19 YEARS ALL ARE RESIDING AT 3RD CROSS,9TH MAIN ROAD, YARAB NAGAR, BANASHANKARI 2ND STAGE, BENGALURU - 560 070 8. SMT. NAZEEMA BEGUM D/O. LATE SYED ZIAULLA SHAH, AGED ABOUT 46 YEARS, 9. SRI. SYED MATHEEN SHAH S/O. LATE SYED ZIAULLA SHAH, AGED ABOUT 44 YEARS, 10. SRI. SYED MUJAHID SHAH - 4 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 S/O. LATE SYED ZIAULLA SHAH, AGED ABOUT 42 YEARS, 11. SMT. HUDA ASMA D/O. LATE SYED ZIAULLA SHAH, AGED ABOUT 36 YEARS 12. SRI. SYED KHALEEMULLA S/O. LATE SYED JALEEL SHA, AGED ABOUT 58 YEARS 13. SRI. KHALANDAR SHA S/O. LATE SYED JALEEL SHA, AGED ABOUT 57 YEARS 14. SRI. SYED JILANI SHA S/O. LATE SYED JALEEL SHA, AGED ABOUT 53 YEARS 15. SRI. SYED ZABIULLA S/O. LATE SYED JALEEL SHA, AGED ABOUT 37 YEARS LATE AKHILA D/O LATE SYED JALEEL SHA (SINCE DEAD BY HER LRS WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.19 TO 24) LATE ANJAD S/O LATE AKHILA S/O LT SYED JALEEL SHA (SINCE DEAD BY HIS LRs WHO IS ALREADY ON RECORD AS RESPONDENT NOS.16 TO 18) - 5 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 SMT. NAZEEMA BEGUM W/O LATE AMJAD AGE ABOUT 46 YEARS 17. SRI. SYED MOHAMMED SHAH S/O LATE AMJAD AGE ABOUT 25 YEARS 18. SRI. AFRA AMBAR S/O LATE AMJAD, AGED ABOUT 17 YEARS (SINCE MINOR REP BY HIS NATURAL GUARDIAN MOTHER RESPONDENT NO.16) 19. SMT. JABEEN TAJ D/O LATE AKHILA AGED ABOUT 57 YEARS 20. SMT. MUBEEN D/O LATE AKHILA AGED ABOUT 55 YEARS 21. SMT. SHAHEEN D/O LATE AKHILA AGE ABOUT 55 YEARS 22. SMT. YASMEEN D/O LATE AKHILA AGE ABOUT 53 YEARS 23. SMT. FARZANA D/O LATE AKHILA AGE ABOUT 46 YEARS 24. SRI. AFZAL PASHA S/O LATE AKHILA - 6 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 AGE ABOUT 43 YEARS RESPONDENT NOS.8 TO 24 ARE ALL RESIDING AT 3RD CROSS, NO. 114, 34TH CROSS, YARAB NAGAR, BANASHANKARI, 2ND STAGE, BENGALURU - 560 070 25. LATE. GULNAZ D/O LT SYED JALEEL SHAH SINCE DEAD BY HER LRS SRI. AZAM KHAN H/O LATE GULNAZ AGED ABOUT 69 YEARS 26. SMT. SHABANA KHANUM D/O LATE GULNAZ AGED ABOUT 49 YEARS 27. SMT. BABY TARANUM D/O LATE GULNAZ AGE ABOUT 69 YEARS 28. SRI. ASEEF KHAN S/O LATE GULNAZ AGE ABOUT 46 YEARS 29. SRI. ZAHAD KHAN S/O LATE GULNAZ AGE ABOUT 46 YEARS 30. SMT. SHABREEN KHASIM D/O LATE GULNAZ AGE ABOUT 42 YEARS RESPONDENT NOS.25 TO 30 - 7 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 ARE ALL RESIDING AT FLAT NO. H-604, POORVA APARTMENT, KOTTANOOR CROSS, BENGALURU - 560 077 LATE ZAREENA D/O LT SYED JALEEL SHAH (DEAD LEAVING BEHIND NO LR) LT SYED KHURSHEED SHA S/O LT USMAN SHA SINCE DEAD BY HIS LRS LATE SYED ASIF PASHA WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.35 TO 39) W/O LATE SYED ASIF PASHA S/O. SYED KHURSEED SHA, (SINCE DEAD BY HIS LRs' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.32 TO 34) SMT. SHABANA TAJ, W/O. LATE SYED ASIF PASHA, AGED ABOUT 43 YEARS, 32. SRI. SYED JUNAED PASHA S/O LATE SYED ASIF PASHA AGED ABOUT 27 YEARS 33. KUMARI RUKYA D/O LATE SYED ASIF PASHA AGE ABOUT 23 YEARS RESPONDENT NOS.31 TO 33 ARE RESIDING AT HINDUSTAN ENTERPRISES, SATYANARAYANA COMPLEX, NH-4, NEAR BUS - 8 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 STAND, DABASPETE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-560 102 34. SRI. SYED MOHAMMED PASHA S/O LATE SYED KHURSHEED SHAH AGE ABOUT 49 YEARS 35. SRI. SYED YASEEN PASHA, S/O LATE SYED KHURSHEED SHAH AGED ABOUT 43 YEARS 36. SRI. SYED MEHABOOB PASHA S/O LATE SYED KHURSHEED SHAH AGE ABOUT 40 YEARS 37. SMT. JABEEN TAJ D/O LATE SYED KHURSHEED SHAH AGED ABOUT 54 YEARS 38. SMT. YASMEEN TAJ D/O LT SYED KHURSHEED SHAH SINCE DEAD BY HIS LRs' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.40 TO 43) SRI. SANAULLA, H/O LATE YASMIN TAJ, AGED ABOUT 55 YEARS, 39. SRI. MOHAMMED FAIZULLA S/O LT YASMIN TAJ AGED ABOUT 35 YEARS, - 9 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 40. SRI. MOHAMMED YUSUFULLA S/O LT YASMIN TAJ AGED ABOUT 30 YEARS 41. SMT. GHOUSIYA KAUSAR D/O LT YASMIN TAJ AGED ABOUT 24 YEARS RESPONDENT NOS.34 TO 41 ARE RESIDING AT NO. 2, 2ND CROSS, ANNIPURA, SUDHAM NAGAR, BENGALURU - 560 077 42. SMT. TABASUM D/O LT SYED KHURSHEED SHAH AGED ABOUT 36 YEARS 43. SMT. SHABEENA D/O LT SYED KHURSHEED SHAH AGED ABOUT 34 YEARS 44. SMT. SHAHEENA D/O LT SYED KHURSHEED SHAH AGED ABOUT 32 YEARS 45. SMT. NASREENA D/O. LATE SYED KHURSHEED SHAH, AGED ABOUT 28 YEARS RESPONDENT NOS.42 TO 45 ARE RESIDING AT HINDUSTAN ENTERPRISES, SATYANARAYANA COMPLEX, NH-4, NEAR BUS STAND, DABASPETE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-560 102 - 10 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 LATE SYED KHALEEL SHAH, S/O LATE SYED USMAN SHA, (SINCE DEAD BY HIS LRs' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.46,47 TO 49 AND 56 TO 59) 46. SMT. ASMATH UNNISA D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 58 YEARS, LATE SYED MUNEER PASHA, S/O. LATE SYED KHALEEL SHAH, (DEAD LEAVING BEHIND NO LR) 47. SRI. SYED HABIB SHA S/O. LATE KHALEEL SHAH, AGED ABOUT 54 YEARS, (DEAD LEAVING BEHIND ON LR ) 48. SRI. SYED SALEEM PASHA S/O LATE SYED KHALEEL SHA AGED ABOUT 58 YEARS, 49. SMT. ANSAR UNNISA D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 58 YEARS LATE NAZMUNNISA, D/O. LATE SYED KHALEEL SHAH, (SINCE DEAD BY HER LRs' WHO ARE ALREADY ON RECORD AS RESPONDENT NOS.50 TO 55) - 11 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 50. SMT. NUZARATH UNNISA D/O LATE NAZMUNNISA, AGED ABOUT 39 YEARS, 51. SRI. SYED MUJAHID PASHA S/O. LATE NAZMUNNISA, AGED ABOUT 34 YEARS, 52. SMT. RAZIA SULTHANA D/O. LATE NAZMUNNISA, AGED ABOUT 33 YEARS 53. SMT. RESHMA D/O. LATE NAZMUNNISA, AGED ABOUT 34 YEARS RESPONDENT NO.53 IS WRONGLY SHOWN AS THE S/O. LATE NAZMUNNISA IN RA.NO.35/2024 INSTEAD OF D/O. LATE NAZMUNINISA. 54. SMT. NOORUNNISSA D/O. LATE NAZMUNNISA, AGED ABOUT 27 YEARS 55. SMT. ISHRAT UNNISSA D/O. LATE NAZMUNNISA, AGED ABOUT 39 YEARS RESPONDENT NOS.50 TO 55 ARE RESIDING AT NO. 132, 10TH CROSS, PH COLONY, TUMAKURU-572 102. 56. SRI. SYED GHOUSE PASHA S/O. LATE SYED KHALEEL SHA - 12 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 AGED ABOUT 46 YEARS 57. SRI. SYED AKRAM PASHA S/O. LATE SYED KHALEEL SHAH, AGED ABOUT 44 YEARS 58. SRI. SYED AZAM PASHA S/O. LATE SYED KHALEEL SHAH, AGED ABOUT 42 YEARS 59. SMT. SHAKEELA D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 38 YEARS RESPONDENT NOS.56 TO 59 ARE RESIDING AT LAKKUR VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, KARNATAKA-560 102 60. LATE NOORULLA SHA S/O LATE SYED KHALEEL SHAH (SINCE DEAD BY HER LRS WHO ARE ALREADY ON RECORD AS RESPONDENT NO. 60 TO 63) NASIMUNNISA W/O LATE NOORULLA SHA AGED ABOUT 54 YEARS 61. SMT. SAMEEN HAZARA D/O LATE NOORULLA SHA AGED ABOUT 34 YEARS 62. SMT. SAMEEN SAHIRA D/O LATE NOORULLA SHA AGED ABOUT 28 YEARS - 13 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 63. GOUSIA BANU D/O LATE NOORULLA SHA AGED ABOUT 26 YEARS RESPONDENT NOS.60 TO 63 ARE R/AT MUTTON MARKET, ASAN MOHALLA, SIRA TOWN SIRA TALUK, TUMKURU DISTRICT, KARNATAKA -573201 …RESPONDENTS (BY SRI.FAYAZ SAB FOR C/R1; SRI. ZAFAR AKBAR SHAHEEN, ADV. FOR R13; SRI. NAGARAJ N, ADV. FOR R1 TO R3, R5 TO R15, R17 TO R46, R48, R50, R51, R52, R54 TO R63) THIS WRIT PETITION IS FILED PRAYING TO CALL FOR THE ENTIRE RECORDS IN REGULAR APPEAL IN RA NO. 35/2024 PENDING CONSIDERATION ON THE FILE OF THE HON'BLE COURT OF 1 ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA VIDE ANNEXURE - A2 AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT/S OR ORDER/S QUASHING THE IMPUGNED ORDER DATED 21.06.2025 PASSED BY THE HON'BLE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA IN ALLOWING THE INTERLOCUTORY APPLICATION IN IA NO. I FILED BY THE APPELLANT RESPONDENT NO. 1 UNDER ORDER 41 RULE 5 READ WITH SECTION 151 OF CPC, 1908 IN RA NO. 35/2024 VIDE ANNEXURE - A2 AND ISSUE ANY OTHER APPROPRIATE WRIT/S - 14 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 OR ORDER/S AS THIS HON’BLE COURT DEEMS FIT TO PASS CONSIDERING THE PRESENT FACTS AND CIRCUMSTANCES OF THE CASE INCLUSIVE OF COSTS IN THE INTEREST OF JUSTICE AND EQUITY. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE IMPUGNED ORDER DATED 21.06.2025 PASSED BY THE HON’BLE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDE AND JMFC AT NELAMANGALA IN ALLOWING THE INTERLOCUTORY APPLICATION IN IA NO. I FILED BY THE APPELLANT - RESPONDENT NO. 1 UNDER ORDER 41 RULE 5 READ WITH SECTION 151 OF CPC, 1908 IN RA NO. 35/2024 VIDE ANNEXURE - A2 UNTIL FURTHER ORDERS IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Heard learned counsel for both the parties. 2. In this writ petition, the petitioner has called in question the order dated 21.06.2025 passed by the I Additional Senior Civil Judge and JMFC, Nelamangala (for short, the ‘First Appellate Court’) in R.A.No.35/2024, - 15 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 whereby the First Appellate Court has stayed the execution of FDP No.1/2007. 3. Learned Senior Counsel appearing for the petitioner submits that he will not press the prayers sought in the present writ petition. However, he seeks a direction for early disposal of R.A. No. 35/2024 pending before the First Appellate Court. It is submitted that the original suit is of the year 1990 and the final decree proceedings are of the year 2007. Therefore, a request is made that the said appeal be disposed of as expeditiously as possible. 4. In view of the above, and without expressing any opinion on the merits of the case, the present writ petition stands disposed of with a direction to the I Additional Senior Civil Judge and JMFC, Nelamangala, to dispose of R.A. No. 35/2024 as expeditiously as possible, and in any event, within a period of four months from the date of receipt of a copy of this order. - 16 - HC-KAR NC: 2026:KHC:19287 WP No. 23601 of 2025 Accordingly, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE AG List No.: 1 Sl No.: 2