MRS. NOOR JEHAN I SHAIKH v. MRS. JEAN SHEILA LOMOD SHAIKH
WP/22203/2021 · 2026-01-29
Tara Vitasta Ganju
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49202 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49202 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5049 WP No. 22203 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 22203 OF 2021 (GM-CPC) BETWEEN:
1.
MRS. NOOR JEHAN I SHAIKH W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 68 YEARS,
2.
MISS. SHABANI I SHAIKH, W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 41 YEARS,
3.
MISS. RESHMA I SHEIKH W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 38 YEARS,
4.
MISS NAZMA I SHAIKH W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 36 YEARS,
5.
MR. SALMAN I SHAIKH W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 33 YEARS,
ALL ARE R/AT FLAT NO.202, B-BLOCK, SOMERSET APARTMENTS, M.G.ROAD, BANGALORE-560 001.
RESPONDENT NO.2-5 ARE REP BY THEIR GPA HOLDER, MRS NOOR JEHAN I SHAIKH,
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HC-KAR NC: 2026:KHC:5049 WP No. 22203 of 2021
W/O LATE IBRAHIM ABDULA SHAIKH, AGED ABOUT 68 YEARS. …PETITIONERS (BY SRI. ARPITH REDDY., ADVOCATE FOR SRI. K.N.SUBBAREDDY., ADVOCATE)
AND:
1.
MRS. JEAN SHEILA LOMOD SHAIKH ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 40 YEARS,
2.
KUM AYSHA IBRAHIM SHEIKH ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 40 YEARS,
MINOR REP BY HER MOTHER AND NATURAL GUARDIAN RESPONDENT NO.1 BOTH ARE R/AT VILLA NO.492, ROAD 1214, BLOCK NO.312, GVPOOL, MANAMA, KINGDOM OF BAHRAIN.
3.
MRS. PHANVASA THOMGTANOM ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 54 YEARS,
4.
MIS. SAMEERA IBRAHIM A.SHAIKH ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 22 YEARS,
5.
MIS. SARAH IBRAHIM ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 20 YEARS,
6.
MIS. REEM IBRAHIM SHAIH ALLEGED W/O LATE IBRAHIM ABDULLA SHAIKH, AGED ABOUT 20 YEARS,
RESPONDENT NO.3 TO 6 ARE R/AT 14/877, BANGBUATHONG,
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HC-KAR NC: 2026:KHC:5049 WP No. 22203 of 2021
NONTHABURY-11110, THAILAND. …RESPONDENTS
(BY SRI. RAHUL.S.REDDY., ADVOCATE FOR R1 & R2;
V/O DTD: 29.11.2022-NOTICE TO R5 & R6 ARE DISPENSED WITH)
THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 14.09.2021 PASSED IN O.S.NO.108/2019 IN RESPECT OF IA NO.2 FILED UNDER ORDER III RULE 2 OF CPC BY THE TRIAL COURT VIDE ANNEXURE-A, DISMISS THE IA NO.2 FILED UNDER ORDER 3 RULE 2 OF CPC FILED BY THE R1 AND 2 BEFORE THE TRIAL COURT VIDE ANNEXURE-D, DIRECT THE TRIAL COURT / II ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU TO DISCARD THE EVIDENCE OF THE PW-1 ADDUCED ON 1.10.2021 IN O.S.NO.108/2019 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
1. None appears for respondent No.4 despite service. Accordingly, respondent No.4 is proceeded ex-parte.
2. After some arguments, learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to agitate his contentions before the learned Trial Court.
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HC-KAR NC: 2026:KHC:5049 WP No. 22203 of 2021
3. In view of the submission, the petition is dismissed as withdrawn with liberty to the petitioners to agitate their contentions before the learned Trial Court, in accordance with law.
4. All pending applications stand closed.
(TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 14 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA