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High Court of Karnataka · body

2026 DAILYLAW 18855 (KAR)

SRI NASIR AHAMED v. MR MODI AHMED @ MODI NAWAB

WP/15016/2026 · 2026-06-02

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15016 OF 2026 (GM-CPC) BETWEEN: 1. SRI NASIR AHAMED S/O LATE MOHAMMED ABDUL KAREEM, AGED ABOUT 62 YEARS 2. SRI SHAKIR AHAMED S/O LATE MOHAMMED ABDUL KAREEM, AGED ABOUT 58 YEARS 3. SRI ZAHIR AHAMED S/O LATE MOHAMMED ABDUL KAREEM, AGED ABOUT 56 YEARS, ALL PETITIONERS RESIDING AT NO. 8, BENSON ROAD, BENSON TOWN, BANGALORE -560 046 …PETITIONERS (BY SRI. H.L.PRADEEP KUMAR, ADVOCATE) AND: 1. MR. MODI AHMED @ MODI NAWAB S/O LATE MODI ABDULLA, AGED ABOUT 68 YEARS, RESIDING AT NO. 16, FRAZER TOWN, 3RD CROSS, NEW BAMBU BAZAR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 BANGALORE -560 005 2. MR. AIJAZ AHMED SIDDIQUI, S/O LATE FAIROZ HAMID SIDDIQUI, NOW AGED ABOUT 58 YEARS, RESIDING AT NO.374/1, BADAMKHAN, BEHIND GOVERNMENT ITI, N.R.MOHALLA, MYSORE-570 007 3. MR. SOMASUNDAR H.N, S/O NARAYANAPPA, AGED ABOUT 54 YEARS, RESIDING AT HEGGANAHALLI, DEVANAHALLY TALUK, BANGALORE RURAL DISTRICT-562 110 4. MR. JANARDHANA SWAMY S/O H.D.LAKSHMINARASIMAIAH, AGED ABOUT 44 YEARS, RESIDING AT NO.404, 5TH FLOOR, GRUHA DEEPA APARTMENT, B-BLOCK, VIDYARANYAPURA, BANGALORE-560 097 5. MR. ANIL KUMAR. Y, S/O SRI. YANGAIAH NAIDU, AGED ABOUT 38 YEARS, RESIDING AT NO.24, C/O VENUGOPAL, NGEF LAYOUT, NAGARBHAVI, 3RD MAIN ROAD, 10TH CROSS, NAGARBHAVI 2ND STAGE, BANGALORE-560 073 6. M.A. MODI, S/O LATE MODI ABDULLA, - 3 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 AGED ABOUT 64 YEARS, RESIDING AT NO.24/8, BORE BANK ROAD, EMERALD EXHOTIC APARTMENTS, BENSON TOWN, BANGALORE-560 051 7. MODI ANWARULLA, S/O LATE MODI ZIAULLA, AGED ABOUT 67 YEARS, RESIDING AT NO.62, MILLERS ROAD, BENSON TOWN, BANGALORE-560 046 8. SALMAN MODI, S/O LATE MODI HASSAN, AGED ABOUT 45 YEARS, NO.116, RAIYAAN ARCADE, 1ST STAGE, 1ST BLOCK, HBR LAYOUT, BANGALORE -560 043 9. JUNAID RAFIUDDIN, S/O LATE MALLIKA RAFIUDDIN, AGED ABOUT 55 YEARS, RESIDING AT NO. G-3, MANIPAL VISTAS, NO.1, CANNAUGHT ROAD OF QUEENS ROAD, BANGALORE-560 052 10. MUBIN SHARIF, D/O LATE MODI KARIMULLA, MAJOR BY AGE, RESIDING AT NO.65/3, MILLERS ROAD, BENSON TOWN, BANGALORE-560 046 11. ASIF MODI, - 4 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 S/O LATE MODI KARIMULLA, MAJOR BY AGE, RESIDING AT NO.65/3, MILLERS ROAD, BENSON TOWN, BANGALORE-560 046 12. SHABIR H. MODI, S/O LATE MODI ABDUL SUBHAN, MAJOR BY AGE, RESIDING AT NO.76, DICOSTA LAYOUT, WHEELERS ROAD EXTENSION, BANGALORE-560 005 13. KHALID MOHAMMED MODI, S/O LATE MODI ABDUL SATTAR, MAJOR BY AGE, RESIDING AT NO.32/7, COLES ROAD, FRAZER TOWN, BANGALORE-560 005 14. MR. IBRAHIM KHAN S/O LATE KAREEM KHAN, NO.15, OLD NO.45, 3RD CROSS, P AND T COLONY, VENKATESHPURAM, BANGALORE-560 045 15. MR. SUNIL NAIK M.S, S. T.SHIVANNA, AGED ABOUT 36 YEARS, RESIDING AT NO.56, 3RD FLOOR, 4TH MAIN, 4TH CROSS, JAI BHEEM NAGARA, BTM LAYOUT, 1ST STAGE, BANGALORE-560 068 - 5 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 16. SMT. ASIPHA. J @ ASIFA. J, W/O LATE JAMSHID KHAN @ JANUDDIN KHAN, AGED ABOUT 55 YEARS, RESIDING AT AREHALLI GATE, 3RD CROSS, CHICKABALLAPUR MAIN ROAD, KOLAR-563 101 17. MR. SYED NASEER AHMED, S/O SYED USMAN, AGED ABOUT 55 YEARS, RESIDING AT NO.735, A SECTOR, 5TH CROSS, NEAR SHESHADRIPURAM, YELAHANKA NEW TOWN, BANGALORE-560 064 18. SRI.N. REDDAPPA REDDY, S/O N.MUNIRATHNAM REDDY, AGED ABOUT 51 YEARS, RESIDING AT SRI. SAIKRUPA HEERA, NO.401, 1ST MAIN, BHUVANESHWARI NAGAR, BANGALORE-560 093 19. KRISHNAPRIYA ESTATES PVT. LTD., NO.100/1, CITY CENTRE, OPP.TOWN HALL, J.C.ROAD, BANGALORE-560 002 REPRESENTED BY ITS DIRECTOR, MR. AVINASH A., 20. ANEESA RAWOOF, D/O LATE MODI ABDUL, W/O LATE ABDUL RAWOOF, AGED ABOUT 70, - 6 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 RESIDING AT NO.24/8, BORE BANK ROAD, BENSON TOWN, BANGALORE-560 046 21. SHABBIR HUSSAIN MODI, S/O MODI ABDUL SUBHAN, MAJOR BY AGE, 22. MANSOOR MODI, S/O MODI AZEEM, MAJOR BY AGE, 23. ATHIYA AHMED, D/O MODI ZIAULLA, MAJOR BY AGE 24. SADIA SAUD, D/O MODI ZIAULLA, MAJOR BY AGE 25. ZAFAR MODI, S/O MODI ZIAULLA, MAJOR BY AGE, RESPONDENTS NO.21 TO 25 ARE RESIDING NO.76, DACOSTA SQUARE ROAD, 3RD CROSS, WHEELER ROAD EXTENSION COOKE TOWN, BANGALORE- 560 005 26. SRI.C.M. SHIVAKUMAR, S/O NOT KNOWN, MAJOR BY AGE, RESIDING AT HOSALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 135 - 7 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 27. SRI.H. DEVARAJ, S/O NOT KNOWN, MAJOR BY AGE, RESIDING AT HOSALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 135 28. SRI.H.N. SOMASHEKAR, S/O NOT KNOWN, MAJOR BY AGE, HEGGENAHALLI VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 135 29. ASMA HAYATH, D/O MODI ABDULLA, AGED ABOUT 70 YEARS, RESIDING AT NO.24/8, EMERALD EXOTICA, BORE BANK ROAD, BENSON TOWN, BANGALORE-560 046 30. SHAMEEM YUSUF, D/O LATE MODI ABDULLA, AGED ABOUT 65 YEARS, RESIDING AT NO.24/8, EMERALD EXOTICA, BORE BANK ROAD, BENSON TOWN, BANGALORE-560 046 31. THE SUB-REGISTRAR, OFFICE OF SUB-REGISTRAR, DEVANAHALLY TOWN AND TALUK, BANGALORE DISTRICT-562 110 …RESPONDENTS - 8 - HC-KAR NC: 2026:KHC:25875 WP No. 15016 of 2026 (BY SRI.BASAVARAJ GODACHI, AGA FOR R31) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE PRINCIPLE CIVIL JUDGE AND JMFC, DEVANAHALLI TO CONSIDER AND PASS NECESSARY ORDERS ON IA-1 (ANNEXURE-AC) AND IA-2(ANNEXURE-AD) IN O.S 220/2026 FILED BY THE PETITIONERS FOR TEMPORARY INJUNCTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Petitioner has filed a memo seeking withdrawal of the writ petition to avail the appropriate remedy in accordance with law. Memo is taken on record. Accordingly, the writ petition is dismissed as withdrawn giving liberty to the petitioner to avail appropriate remedy. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 10