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2026 DAILYLAW 42743 (KAR)

SMT MUSHKARIYAMMA v. SRI ABDUL PASHA

MFA/1582/2016 · 2026-09-22

Pradeep Singh Yerur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1582 OF 2016 (CPC) BETWEEN: 1. SMT MUSHKARIYAMMA W/O LATE NAZEER AGED ABOUT 57 YEARS 2. SRI. JAHEED BASHA S/O LATE NAZEER AGED ABOUT 46 YEARS, 3. SRI. MEHABBOB PASHA S/O LATE NAZEER AGED ABOUT 43 YEARS 4. SMT. HASINA TAJ D/O LATE NAZEER AGED ABOUT 41 YEARS 5. SRI. AZAM PASHA S/O LATE NAZEER AGED ABOUT 39 YEARS 6. SRI. YARAB PASHA S/O LATE NAZEER AGED ABOUT 37 YEARS Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 7. SRI. AKBAR PASHA S/O LATE NAZEER AGED ABOUT 38 YEARS 8. SRI. SHAMSHID BASHA S/O LATE NAZEER AGED ABOUT 33 YEARS 9. SRI HUSSAIN S/O LATE ABDUL SATTAR SAB AGED ABOUT 70 YEARS 10. SMT. SHAMEEM TAJ W/O LATE RAHEEM AGED ABOUT 56 YEARS 11. SRI. SALEEM PASHA S/O LATE RAHEEM AGED ABOUT 43 YEARS 12. SMT. SAMEERA TAJ D/O LATE RAHEEM AGED ABOUT 42 YEARS 13. SRI. MUHEED PASHA S/O LATE RAHEEM AGED ABOUT 41 YEARS 14. SRI. TABREZ PASHA S/O LATE RAHEEM AGED ABOUT 40 YEARS 15. SMT. UMER TAJ D/O LATE RAHEEM AGED ABOUT 39 YEARS, - 3 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 16. SRI. AHMED SAB S/O LATE ABDUL SATTAR SAB AGED ABOUT 57 YEARS 17. SMT SABIRA W/O LATE CHAND PASHA AGED ABOUT 43 YEARS 18. SRI. UMRAZ S/O LATE CHAND PASHA AGED ABOUT 32 YEARS 19. SMT SABINA D/O LATE CHAND PASHA AGED ABOUT 28 YEARS 20. SRI. AMEER S/O LATE CHAND PASHA AGED ABOUT 22 YEARS 21. SMT. SHAZAD D/O LATE ABDUL SATTAR SAB AGED ABOUT 46 YEARS 22. SMT DILSHAD D/O LATE ABDUL SATTAR SAB, AGED ABOUT 43 YEARS 23. SMT GULAB JAN D/O LATE ABDUL SATTAR SAB, AGED ABOUT 41 YEARS 24. SMT SHAHTAJ S/O LATE ABDUL SATTAR SAB, AGED ABOUT 39 YEARS - 4 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 25. SRI ABDUL GANI S/O LATE CHIKKASATTAR, AGED ABOUT 69 YEARS 26. SMT CHOTIBI D/O LATE CHIKKASATTAR, AGED ABOUT 64 YEARS 27. SRI ASLAM PASHA S/O LATE ABDUL SAB AGED ABOUT 64 YEARS 28. SRI AKRAM PASHA S/O LATE ABDUL SAB SINCE DECEASED ON 04.09.2021, REP BY LRS 28A. SMT. KUSHEED W/O. AKRAM PASHA AGED ABOUT 62 YEARS 28B. MEHABOOB PASHA S/O. AKRAM PASHA AGED ABOUT 35 YEARS 28C. KHALIL S/O. AKRAM PASHA AGED ABOUT 28 YEARS R/AT NALAGALLI, HOSAKOTE BANGALORE RURAL - 562 114 29. SRI NISAR PASHA S/O LATE ABDUL SAB AGED ABOUT 59 YEARS - 5 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 30. SRI SHAMSHID S/O LATE ABDUL SAB AGED ABOUT 33 YEARS 31. SMT JABEEN TAJ D/O LATE ABDUL SATTAR SAB AGED ABOUT 46 YEARS APPELLANTS NO.1 TO 31 ARE R/AT NALAGALLI, HOSAKOTE TOWN BANGALORE RURAL DISTRICT BANGALORE - 562 122 AND THEY ARE REP. BY THEIR G.P.A. HOLDERS I.E., APPELLANTS NO.32 AND 33 32. SRI. HEMANTH KUMAR S/O MYNE GOWDA, AGED ABOUT 36 YEARS R/AT BHEEMAKANAHALLI, HOSAKOTE TALUK, BANGALORE - 562 122 33. SRI GURUSWAMY S/O LATE VENKATAPPA, AGED ABOUT 64 YEARS R/AT NO.39, MANJUNATHA LAYOUT, ANANDAPURA, T.C. PALYA POST, K.R. PURAM, BANGALORE-560 036 …APPELLANTS (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE) AND: 1. SRI ABDUL PASHA S/O LATE BASHA, AGED ABOUT 44 YEARS - 6 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 2. SRI MAHABOOB PASHA S/O LATE BASHA, AGED ABOUT 39 YEARS 3. SRI ALAM PASHA S/O LATE BASHA, AGED ABOUT 36 YEARS 4. SMT RASHEEDA BANU @ RASHEEDA W/O LATE ANWAR, AGED ABOUT 55 YEARS 5. SRI NAYEEM PASHA S/O LATE ANWAR, AGED ABOUT 34 YEARS 6. SRI NADEEM PASHA S/O LATE ANWAR, AGED ABOUT 32 YEARS RESPONDENTS NO.1 TO 6 ARE R/AT AVALAHALLI VILLAGE, NEAR JAMES SCHOOL, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE - 560 049 7. SRI N SHIVAKUMAR S/O NARAYANASWAMY, AGED ABOUT 28 YEARS R/AT SHIVA KRUPA,10TH CROSS, CAUVERY LAYOUT, MARATHALLI, BEHIND MULTIPLES THEATRE, BANGALORE - 560 037 - 7 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 8. SRI NAGAMANJU S/O NAGARAJU AGED ABOUT 26 YEARS, R/AT THIRUMALASETTY HALLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT BANGALORE - 562 122 9. SRI RAVISAGARNAIDU S/O NARASIAH, AGED ABOUT 34 YEARS R/AT AVALAHALLI VILLAGE, VIRGO NAGAR POST, BANGALORE - 560 026 …RESPONDENTS (BY SRI. R. ANIL KUMAR, ADVOCATE FOR R1 & R3 SRI. BHADRINATH R., ADVOCATE FOR R2 SRI. T.N. VISHWANATH, ADVOCATE FOR R4 TO R6 SRI. B.K. MANOHAR, ADVOCATE FOR R7 TO R9) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.02.2015 PASSED ON IA NO.1 IN O.S NO.1116/2015 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O 39 RULE 1 & 2 OF CPC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 8 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 ORAL JUDGMENT This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. 2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned District Court for adjudication of the matter from the stage where it is stopped. 3. Accordingly, I pass the following: - 9 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 O R D E R i) The appeal stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction. iii) In case there are pending applications, the same also be transferred to be considered by the learned Judge of the concerned Appellate Court, in accordance with law. iv) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court. - 10 - HC-KAR CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 v) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 26.10.2026 without awaiting further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 49