Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3774 OF 2025 (GM-RES) BETWEEN:
SMT. ZHEERA BI AGED ABOUT 68 YEARS W/O LATE AZEEZ ULLA KHAN DAUGHTER IN LAW OF LATE HASSAN KHAN AND LATE SHARFOONNISA GRAND-DAUGHTER IN LAW OF LATE MAHOOB ALI KHAN. DEAD BY LRS
1. SRI. AFSARULLA KHAN AGED ABOUT 51 YEARS S/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA. 2. SMT RIZWANA KHANUM AGED ABOUT 48 YEARS D/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA. 3. SMT RUKSANAN FATHIMA AGED ABOUT 45 YEARS D/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA. 4. SMT MUJEEBA AGED ABOUT 60 YEARS W/O LATE SIRAJ ULLA KHAN DAUGHTER IN LAW OF LATE HASSAN KHAN AND
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
LATE SHARFOONISA GRAND DAUGHTER IN LAW OF LATE MAHOOB ALI KHAN. 5. SRI SHADAB KHAN AGED ABOUT 43 YEARS S/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA. 6. SMT NOOR AYESHA KHANUM AGED ABOUT 41 YEARS D/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA
7. SRI ARSHIYA KHANUM AGED ABOUT 39 YEARS D/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA
8. SRI HASSAN KHAN AGED ABOUT 38 YEARS S/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA
9. SMT ABIDA KHATOON AGED ABOUT 77 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA. 10. SRI ASADULLA KHAN AGED ABOUT 68 YEARS S/O LATE HASSAN KHAN AND LATE SHARFOONNISA. 11. SRI NASRULLA KHAN AGED ABOUT 66 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
12. SMT NAVEEDA KHANUM AGED ABOUT 65 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA
13. SRI AZMATH ULLA KHAN AGED ABOUT 64 YEARS D/O LATE HASSAN KHAN AND
LATE SHARFOONNISA
14. SMT ZAHEDA KHANUM AGED ABOUT 63 YEARS S/O LATE HASSAN KHAN AND LATE SHARFOONNISA
15. SMT JABEEN TAJ AGED ABOUT 57 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA
R1 TO R15 ARE RESIDING/AT NO. 3 MOSQUE ROAD, BASAVANAGUDI BENGALURU-560 004. 16. SRI AZMATH ULLA KHAN S/O LATE MR HASSAN KHAN AGED ABOUT 62 YEARS NO.
4, 1ST CROSS ROAD MATTAKAR LANE, ARABIC COLLEGE BANGALORE-560 045
ALL ARE REPRESENTED BY THEIR GPA HOLDER MR MOHAMED ARIF JAMEEL S/O LATE ABDUL RASHEED R/AT NO. 179, 2ND FLOOR 6TH CROSS, PILLANA GARDEN 3RD STAGE, BENGALURU - 560 045. …PETITIONERS (BY KUM. ANKITA PATIL, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL., ADVOCATE)
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
AND:
1. SRI IBRAHIM KHAN S/O LATE KAREEM KHAN R/AT NO. 15, OLD NO. 45 3RD CROSS, P AND T COLONY VENKATESHAPURA, KADUGONDANAHALLI ARABIC COLLEGE, BANGALORE 560 045. 2. SRI SHIVARAMU N K AGED ABOUT 56 YEARS S/O KRISHNAPPA N T R/AT NO. 90, 1ST MAIN ANJANEYA TEMPLE ROAD ASHWATHNAGARA, R M V EXTENSION 2ND STAGE, BANGALORE - 560 094. 3. SRI K V RAVIKUMAR 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 OF 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
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
(BY SRI. MOHAMMED JAFAR SHAH, AGA. FOR R-4 TO 6 NOTICE TO R-1 TO 3 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRPC PRAYING TO QUASH THE SALE DEED DATED 23.08.2024 REGISTERED AS DOC.NO.BYP-1-07802-2024-25 OF BOOK NO.1 REGISTERED IN THE OFFICE OF SUB- REGISTRAR, BYATARAYANAPURA IN RESPECT OF SY.NOS.63, 64 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 ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondent Nos.4 to
6. Notice to respondent Nos.1 to 3 is dispensed with in view of the proposed order to be passed.
2. The petitioners are before this Court 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- 07802-2024-25 of Book No.1 registered in the office of Sub-Registrar, Byatarayanapura in respect of Sy.Nos.63, 64 in all measuring 10 Acres situated at Meesaganahalli Village, Jala Hobli, Devanahalli Taluk, Bengaluru District executed in favour of 1st respondent vide Annexure-A.
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
(b) Issue a writ of certiorari to quash Absolute Sale Deed dated 30.08.2024 registered as Doc.No.BYP- 1-11743-2024-25 of Book No.1 in the office of the Sub-Registrar, Byatarayanapura, Bangalore favour of 2nd respondent in respect of Sy.No.64 measuring to an extent of 4 Acres 36 Guntas situated at Meesaganahalli Village, Jala Hobli, presently Yelahanka Taluk, previously Bangalore North Taluk vide Annexure-B. AND (c) to grant such other relief or reliefs as this Hon'ble Court deems fit in the
facts and circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity.
3. What is being sought for in the present writ petition is for quashing a registered Sale Deed dated 23.08.2024 registered in the office of Sub Registrar, Byatarayanapura.
4.
Learned counsel for the petitioners makes various
submissions as regards to how the Sale Deed is invalid including on the ground that the Sale Deed has been executed by the Power of Attorney Holder representing the vendor in his own favour etc. Even if the petitioners have a very good ground for setting aside the Sale Deed that cannot be considered in a
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HC-KAR NC: 2026:KHC:34711 WP No. 3774 of 2025
writ petition, where disputed question of facts cannot be ascertained and gone into.
5. Reserving liberty to the petitioners to initiate appropriate proceedings in the appropriate forum, petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
HA LIST NO.: 1 SL NO.: 28