- 1 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1637 OF 2024 (PA/DE/IN) BETWEEN: 1. SRI. SALAHUDDIN S/O LATE SRI. MOHAMMED ABBAS AGED ABOUT 78 YEARS R/AT NEAR GOVERNMENT URDU SCHOOL, M.S. PALYA VIDYARANYAPURA POST BENGALURU-560097. …APPELLANT (BY SRI. LEELADHAR .H.P, ADVOCATE) AND: 1. SRI. MOHAMMED INAYATHULLA S/O LATE SRI. MOHAMMED ABBAS AGED ABOUT 84 YEARS R/AT NO.2099, NEAR CANARA TOOLS M S PALYA, VIDYARANYAPUIRA POST BENGALURU-560 097. 2. SRI. HABIBULLA @ ABUBACKER S/O LATE SRI MOHAMMED MED ABBAS AGED ABOUT 84 YEARS R/AT NO.2099, NEAR CANARA TOOLS M S PALYA, VIDYARANYAPUIRA POST BENGALURU-560 097. 3. SRI. MOHAMMED AMEER HAMZA S/O LATE SRI MOHAMMED ABBAS AGED ABOUT 93 YEARS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 R/AT. NEAR GOVERNMENT URDU SCHOOL AND BNK PUBLIC SCHOOL VIDYARANYAPURA POST BENGALURU-560097. 4. SMT. AMEER BI W/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 84 YEARS 5. SRI. MOOSA S/O. LATE SRI.MOHAMMED USMAN AGED ABOUT 84 YEARS 6. SRI. RAFIQ S/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 64 YEARS 7. SRI. KHALID S/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 57 YEARS 8. SRI. BASHEER S/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 52 YEARS 9. SRI. MUKTHIAR S/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 49 YEARS 10. SRI. MOHAMMED ALI S/O. LATE SRI. MOHAMMED USMAN AGED ABOUT 46 YEARS NO.4 TO 10 ARE R/AT. NEAR GOVERNMENT URDU SCHOOL AND BNK PUBLIC SCHOOL VIDYARANYAPURA POST BENGALURU-560097. SRI. MOHAMMED ISMAIL S/O LATE SRI. MOHAMMED ABBAS SINCE DEAD BY HIS LRS. - 3 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 11. SMT. JAMEELA ISMAIL W/O LATE SRI MOHAMMED ISMAIL AGED ABOUT 87 YEARS 12. SMT. FATHIMA ZOBRA D/O. LATE SRI. MOHAMMED ISMAIL AGED ABOUT 60 YEARS 13. SRI. SHAHNAZ BEGUM S/O LATE MOHAMMED ISMAIL AGED ABOUT 55 YEARS 14. SRI. MOHAMMED ISHAAQ M.D. S/O. LATE SRI. MOHAMMED ISMAIL AGED ABOUT 55 YEARS SL NO. 11 TO 14 ARE R/AT DOOR NO.299, GANESH LAYOUT NEAR CANARA TOOLS, M.S. PALYA VIDYARANAYAPURA POST BENGALURU-560097. 15. SRI. ABDUL LATHIEF @ MOHAMMED SALIM S/O LATE SRI.MOHAMMED ABBAS AGED ABOUT 81 YEARS R/AT. OPPOSITE TO HESARAGHATTA PANCHAYATH OFFICE HESARAGHATTA HOBILI BENGALURU NORTH TALUK BENGALURU DISTRICT -560088. 16. SRI. GHOUSE MOHIDIN S/O LATE SRI.ABDUL REHMAN SAB MAJOR IN AGE R/AT. QUILLAGALLI NEAR FORT KUNIGAL TOWN TUMKUR DISTRICT -572130 17. SRI. H.RAMAKRISHNA S/O. SRI. MEGANNA - 4 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 AGED ABOUT 89 YEARS R/AT. PAKKEGOWDANAPALYA SILUVEPURA POST BENGALURU NORTH TALUK BENGALURU DISTRICT-560088. 18. SRI. G.S. SHIVAKUMAR S/O. SRI. T.L.GOPALA KRISHNAIAH SHETTY AGED ABOUT 78 YEARS R/AT. KASTURBA ROAD SHIMOGA -577202. 19. SRI. K.V.NAIDU S/O. SRI. K.C.NAIDU AGED ABOUT 73 YEARS R/AT. NO.13, 4TH CROSS GOWDA COLONY, 1ST MAIN ROAD RMV 2ND STAGE, DOLLARS COLONY BENGALURU -560094. 20. SRI. SYED MASOOD S/O. LATE SRI.BIBIJAN AGED ABOUT 86 YEARS R/AT. NO.298, MUBARAK MAIN ROAD CHIKKABETTAHALLI, M.S.PALYA BENGALURU -560097. 21. SMT. PARVEEN BANU D/O. LATE SRI. BIBIJAN AGED ABOUT 85 YEARS R/AT. NO.401, ADITHYANAGAR M.S.PALYA, VIDYARANYAPURA POST BENGALURU -560097. 22. SRI. SHANAWAZ PASHA S/O. LATE BIBIJAN AGED ABOUT 83 YEARS R/AT. NO.31/B, 5TH CROSS, 5TH MAIN MUNISWAMAPPA LAYOUT HAL 3RD STAGE BENGALURU -560017. - 5 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 23. SMT. RAHEEMUNISSA D/O. LATE SRI. BIBIJAN AGED ABOUT 80 YEARS R/AT. HESARAGHATTA MAIN ROAD M.S.PALYA VIDYARANYAPURA POST BENGALURU -560097. 24. SRI. SYED SALAR S/O. LATE SRI. BIBIJAN AGED ABOUT 78 YEARS NO.75, M.S.PALYA VIDYARANYAPURA POST BENGALURU-560097. 25. SRI. SYED KALEEM S/O. LATE SRI. BIBIJAN AGED ABOUT 75 YEARS R/AT. NO.1, 8 M.S.PALYA CIRCLE M.S.PALYA, VIDYARANYAPURA POST BENGALURU -560097. 26. SMT. NAZEEMA BEGUM D/O. LATE SRI. BIBIJAN AGED ABOUT 70 YEARS R/AT. NEAR JAMIA MASJID M.S.PALYA, VIDYARANYAPURA POST BENGALURU-560097. 27. SMT. NIFEESA D/O. LATE SRI. BIBIJAN AGED ABOUT 68 YEARS R/AT. NO.313, BEHIND URDU SCHOOL M.S.PALYA, VIDYARANYAPURA POST BENGALURU-560097. 28. SMT. FAHEEM UNNISA D/O. LATE SRI.BIBIJAN AGED ABOUT 83 YEARS R/AT. NO.816, 4TH WARD - 6 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 2ND DIVISION, GANGADHARAPURA BENGALURU RURAL -5612023. 29. SRI.ZABIULLA S/O LATE SRI. BIBIJAN AGED ABOUT 73 YEARS R/AT. NO.95, NEAR PETROL BUNK M.S.PALYA, VIDYARANYAPURA POST BENGALURU -560097. 30. SMT. RAZIA BEGUM D/O LATE SRI. MOHAMMED ABBAS W/O LATE SRI. SYED MEHBOOB AGED ABOUT 83 YEARS R/AT. NO.2, 3RD A MAIN ROAD BALAJI LAYOUT, BENGALURU-560097. 31. SRI. MOHAMMED BAKSHI D/O LATE SRI. ABDUL RAHEEM AND MYMUNNISSA W/O LATE SRI. SYED MEHBOOB AGED ABOUT 77 YEARS R/AT. NO.5, NEAR JHAMIA MASJID ISAMPURA, HAL POST BENGALURU -560017. 32. SMT. GULZAR BANU W/O. SRI. AMEER KHAN AGED ABOUT 72 YEARS R/AT. NO.1294, VARTHUR MAIN ROAD BEHIND GOVT HIGH SCHOOL VARTHURU, BENGALURU -560087. 33. SMT. SHAKEELA BANU W/O. SRI. SYED BASHA AGED ABOUT 67 YEARS R/AT. NO.933, 2ND MAIN ROAD KOTTNUR, VIJAYAPURA BENGALURU -560016. 34. SMT. NABEERA BANU W/O SRI. RAHATHULLA - 7 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 AGED ABOUT 57 YEARS R/AT. NO.28, SARAPALYA THANISANDRA DR. SHIVARAMAKARANTH NAGAR BENGALURU -560077. …RESPONDENTS (BY SRI. P.N. NANJA REDDY, ADVOCATE FOR C/R19) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2024 PASSED IN OS.NO.26874/2009 ON THE FILE OF THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, CITY CIVIL COURT, BENGALURU (CCH-75), DISMISSING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION AND INJUNCTION. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The appellant, who is assisted by his son, is present in the open Court. The appellant's counsel has identified the appellant, who is present before this Court. 2. Though the learned counsel appearing for the appellant has raised serious reservations regarding closure of the appeal, it is submitted that such apprehension stems from the fact that the cheque issued by defendant No.19 towards full and final settlement is yet to be - 8 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 realised, which, in turn, has necessitated the filing of a memo seeking withdrawal of the appeal. 3. On a specific query addressed by this Court, the learned counsel appearing for defendant No.19, who is present before the Court along with defendant No.19, submits that defendant No.19 is maintaining a savings bank account with a balance of Rs.25,00,000/- and that the cheque in question has been issued for a sum of Rs.10,00,000/-. It is further asserted, on instructions, that in the event the cheque is presented today, the same would be honoured and cleared either today or by the next working day, as the account holds sufficient funds well in excess of the cheque amount. 4. Recording the aforesaid statement made by the learned counsel appearing for defendant No.19, as well as defendant No.19, who is personally present before this Court, and having regard to the memo dated 20.01.2026 - 9 - HC-KAR NC: 2026:KHC:2934 RFA No. 1637 of 2024 filed by the appellant seeking withdrawal of the appeal, the appeal stands dismissed as withdrawn. However, such withdrawal shall be subject to the realisation of the cheque issued by defendant No.19 in favour of the appellant. In the event of dishonour of the said cheque, liberty is expressly reserved to the appellant to seek revival of this appeal in accordance with law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 26