Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 1675 OF 2023 (PAR) BETWEEN:
MR. ABDUL BARI AGED 53 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE, RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001 …APPELLANT (BY SMT. SWATHI ASHOK, ADVOCATE - ABSENT) AND:
1. MRS. NOORJAN W/O MR. SYED NOORULLA AGE 71 YEARS, D/O LATE K. MOHAMMED GHOUSE, RESIDING AT NO.35/2, 5TH CROSS, M.M.BLOCK, MARAPPA GARDEN, J.C. NAGAR, BENGALURU-560006. 2. MRS. ZAREENA BEGUM W/O MR. AMANULLA KHAN AGED 68 YEARS, D/O LATE K. MOHAMMED GHOUSE, RESIDING AT NO.12, 1ST CROSS M.M. BLOCK, J.C. NAGAR, BENGALURU-560006. 3. MRS. HUSNA MOHSIN KHAN W/O MR. MOHSIN KHAN AGED 57 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
RESIDING AT NO.9/1, 1ST CROSS M.M. BLOCK, MARAPPA GARDEN, J.C. NAGAR, BENGALURU-560006. 4. MRS. RESHMA SHAHEEN W/O MR. JAVEED KHAN AGED 53 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.1/260, JINNAH HOUSE KAVERIPATINAM KRISHNAGIRI DISTRICT-635112
5. MRS. RUBINA SHAHEEN W/O MR. IBRAHIM SHARIFF AGED 52 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.6, BHARATH HOUSE, ARMUGAM CIRCLE, BASAVANAGUDI BENGALURU-560004. 6. MRS. ASMA SHAHEEN W/O MR. MOHAMMED RIYAZ PASHA AGED 44 YEARS GRAND D/O MOHAMMED RIYAZ PASHA RESIDING AT NO.27, 10TH CROSS, PIPELINE VIJAYANAGAR, BENGALURU-560040
7. MR. NADEEM KHASIM AGED 54 YEARS, S/O MOHAMMED KHASIM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.11/1, 1ST CROSS, CHINNAPPA GARDEN, BENSON TOWN POST BANGALORE-560046
8. MR. WASEEM KHASIM AGED 49 YEARS, S/O LATE MOHAMMED KHASIM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT 2ND CROSS, MAGADI ROAD IJUR MOHALLA RAMANAGARAM-562159
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
9. MRS. MADIHA BEGUM AGED 46 YEARS W/O LATE MR. SUHAIL KHASIM DAUGHTER IN LAW OF LATE MR. MAQBOOL, GRAND DAUGHTER IN LAW OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.4552, MASJID MOHALLA RAMNAGARAM-562159
10. MISS DANIA SAKIN AGED 20 YEARS D/O LATE MR. SUHAIL KHASIM GRAND DAUGHTER OF LATE K. MOHAMMED GHOUSE
A MINOR REPRESENTED BY HER MOTHER-PLAINTIFF NO.9 ABOVE,
RESIDING AT NO.4552 MASJID MOHALLA RAMNAGRAM-562159
11. MR.
ABDUL GAFFAR M AGED 65 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001
12. MR. MOHAMMED KALEEM AGED 53 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001
13. MRS. NASEEM AKHTAR AGED 62 YEARS, W/O LATE ABDUL AZEEZ DAUGHTER IN LAW OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
BANGALORE-560032. 14. MRS NAFEES AKHTAR AGED 39 YEARS W/O ANSAR PASHA GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032. 15. MRS. NIKKHAT AFSHAN AGED 31 YEARS W/O MOHAMMED PARVEZ GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032. 16. MR. MURAD SHA PATEL AGED 35 YEARS S/O LATE ABDUL AZEEZ GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032. 17. MRS. ZAMRUD SHARIFF AGED 56 YEARS, W/O LATE K.M. SHARIFF DAUGHTER IN LAW OF LATE K.M. MASTAN AND LATE HEFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001. 18. MRS. SHAZIA AGED 42 YEARS GRAND DAUGHTER OF LATE K.M MASTAN AND
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LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001. 19. MRS. HOOR SAHER AGED 40 YEARS W/O ANEES-UL-HAQ GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001. 20. MRS. MAHABOOB JAN W/O MOHAMMED ISMAIL D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.2277, 11TH CROSS, VINOBHA NAGAR KADUGONDANAHALLI BANGALORE-560045
SINCE DECEASED BY HER LEGAL REPRESENTATIVES
20(a) MR. MOHAMMED ISMAIL ALIAS BABU AGED 38 YEARS S/O LATE ABDUL JABBUV
20(b) MR.
MOHAMMED MOHAMMED ARSHAD AGED 35 YEARS S/O MR MOHAMMED ISMAIL ALIAS BABU
BOTH ARE RESIDING AT NO.2277, 11TH CROSS, VINOBHA NAGAR KADUGONDAHALLI BANGALORE-560045
21. MRS. SHAHNAZ BEGUM AGED 66 YEARS W/O NOORULLA KHAN, D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.60/1, 1ST FLOOR, 5TH CROSS, GOSPEL STREET,
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
LINGARAJAPURAM BANGALORE-560084
22. MRS. MUBEEN TAJ AGED 60 YEARS W/O ALTAF PASHA D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.4577, MASJID MOHALLA RAMANAGARA-562159
23. MRS. JABEEN TAJ AGED 52 YEARS, W/O SHABBIR AHMED D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.117, 7TH MAIN ROAD, NEW BAGLUR LAYOUT LINGARAJAPURAM BANGALORE-560084
24. MR. SHUJAD AHMED AGED 52 YEARS S/O LATE SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046
25. MR. SHOIB AHMED AGED 57 YEARS S/O LATE MR. SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046
26. MR. SHABBIR AHMED AGED 45 YEARS S/O LATE MR. SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
27. MR. SABIR AHMED AGED 35 YEARS S/O LATE MR. SHAHZAD AHMED GRANDSON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046
28. MRS. MOHSINA KAUSAR AGED 39 YEARS W/O FAIROZE AHMED GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046
29. MRS. TAHSEEN KAUSAR AGED 50 YEARS W/O AMJAD AHMED GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.29, AHMED SAIT ROAD FRAZER TOWN BANGALORE-56005
30. MRS.
TASKEEN KAUSAR AGED 48 YEARS W/O MOHAMMED YOUNUS GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.40/2, 'E' MAIN, 6TH STREET, H.K.P. ROAD CROSS BANGALORE-560051
31. MRS. REHANA BEGUM AGED 60 YEARS W/O LATE MAHABOOB PASHA D/O LATE K. ABDUL JABBAR RESIDING AT NO.25/9, 1ST CROSS, M.M. BLOCK, MARAPPA GARDEN J.C. ROAD, BANGALORE-560006
32. MRS. HASEENA KHANUM
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
AGED 58 YEARS W/O SAFEER AHMED KHAN D/O LATE K. ABDUL JABBAR RESIDING AT BELGUMBA ROAD, ADJACENT TO SIRPALLI SULAMI MUTT TUMKUR-572101. 33. MRS. RIZWANA BEGUM AGED 56 YEARS W/O ABDUL GAFFAR M D/O LATE K. ABDUL JABBAR RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001
34. MR. RAFEEQ AHMED AGED 68 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001
35. MR. MOHAMMED ISMAIL RIYAZ AGED 65 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
36. MR. IRSHAD AHMED YOUSUFF AGED 64 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
37. MR. MOHAMMED KHASIM NAUSHAD AGED 63 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.43-B
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ROBERTSON ROAD FRAZER TOWN BANGALORE-560005
38. MR. MOHAMMED FAROOQ AGED 58 YEARS, S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
39. MR. AMEERULLAH Y AGED 54 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
40. MR. AJMAL YOUSUFF AGED 52 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
41. MRS. SHAMEEM ANSARI AGED 65 YEARS W/O LATE MUJEEB ANSARI S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.23, PARK ROAD, TASKER TOWN BANGALORE-560051
42. MRS.
NASEEMA BEGUM AGED 63 YEARS, W/O R. NAWAB JAN S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.35/1, SPENCER ROAD,
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
FRAZER TOWN, BANGALORE-560005
43. MRS. NASREEN BANU AGED 50 YEARS W/O KALEEM SHARIFF, S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001
RESPONDENTS 2 TO 10/PLAINTIFFS 2 TO 10 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY NOORJAN, THE RESPONDENT NO.1/PLAINTIFF NO.1 ABOVE NAMED
RESPONDENTS 12 TO 30/PLAINTIFFS 12 TO 30 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY GAFFAR M, THE RESPONDENT NO.11/PLAINTIFF NO.11 ABOVE NAMED
RESPONDENT NOS.32 AND 33/PLAINTIFFS 32 AND 33 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY REHANA BEGUM, THE RESPONDENT NO.31/PLAINTIFF NO.31 ABOVE NAMED
RESPONDENT NOS.34 TO 36/PLAINTIFFS 34 TO 36 AND RESPONDENT NOS.38 TO 43/PLAINTIFFS 38 TO 43 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY MOHAMMED KHASIM NAUSHAD, THE RESPONDENT NO.7/PLAINTIFF NO.7 ABOVE NAMED
44. MR. NAYEEM PASHA AGED 52 YEARS S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30 DISPENSARY ROAD BENGALURU-560001
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
45. MRS. SEHAR BANU AGED 50 YEARS W/O LATE MOHAMMED ASLAM DAUGHTER-IN-LAW OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001
46. MR. MOHAMMED SHOIB AGED 28 YEARS W/O LATE MOHAMMED ASLAM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
47. MASTER MOHAMMED SHAKIB AGED 27 YEARS S/O LATE MOHAMMED ASLAM GRAND SON OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001
48. MISS ZAIBA AGED 26 YEARS D/O LATE MOHAMMED ASLAM GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001 …RESPONDENTS (BY SRI. MEHTER M AZZAM, ADVOCATE FOR CAVEATOR/RESPONDENT NOS.1 TO 19, 21 TO 43;
SRI. M.K.METRI, ADVOCATE FOR RESPONDENT NOS.45 TO 48;
NOTICE SERVED ON RESPONDENT NOS.20(a) AND 20(b) AND UNREPRESENTED; VIDE
ORDER DATED 18.03.2025, SERVICE OF NOTICE TO RESPONDENT NO.44 IS DISPENSED WITH)
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HC-KAR NC: 2026:KHC:22847 RFA No. 1675 of 2023
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.05.2023 PASSED IN OS NO.25171/2016 ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL JUDGMENT
There is no representation for the appellant.
2. Even on the last date, there was no representation for the appellant though the appeal was called twice in the day.
3. Hence, this appeal is dismissed for non- prosecution.
Sd/- (R. NATARAJ) JUDGE
PMR List No.: 1 Sl No.: 39