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2026 DAILYLAW 9992 (KAR)

JAMIYA MASJID(WAQF BOARD COMMITTEE) v. SYED SADIQ PASHA

WP/18316/2024 · 2026-03-25

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 18316 OF 2024 (GM-CPC) BETWEEN: JAMIYA MASJID, (WAQF BOARD COMMITTEE) REPRESNTED BY ITS AUTHORIZED PERSONS 1. SRI KALEEMULLA (PRESIDENT) S/O LATE ABDUL ZABEER KHAN AGED BOUT 59 YEARS R/AT LAKKUR VILLAGE, SOMAPUR HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562111. 2. SRI SYED MUQTIAR (MEMBER) S/O LATE SYED ABBAS AGED ABOUT 70 YEARS R/AT LAKKUR VILLAGE, SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 111. …PETITIONER (BY SRI. AFSAR P.A., ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) AND: SYED SADIQ PASHA SINCE DEAD BY HIS LRS SHARIFUNNISSA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 W/O LATE SYED SADIQ PASHA (DEAD- LRS ALREADY ON RECORD) SYED SHAHID PASHA S/O LATE SYED SADIQ PASHA (DEAD - NO LRS) SYED IRSHAD PASHA S/O LATE SYED SADIQ PASHA (DEAD - NO LRS) 1. SYED SAJJAD PASHA S/O LATE SYED SADIQ PASHA AGED ABOUT 52 YEARS 2. SYED SHUJATH PASHA S/O LATE SADIQ PASHA AGED ABOUT 50 YEARS 3. SYED HAMAIRUNNISA D/O SYED SADIQ PASHA AGED ABOUT 45 YEARS ALL ARE RESIDING AT NO.15/6 1ST FLOOR, DR. UMAR SHARIFF ROAD BASAVANAGUDI, BANGALORE-560 004. SYED JALEEL SHAH SINCE DEAD BY HIS LRS 4. SYED ZIAULLA SHAH S/O LATE SYED JALEEL SHAH AGED ABOUT 72 YEARS SYED SHUJATH PASHA S/O LATE SYED ZIAULLA PASHAH SINCE DEAD BY HIS LRS - 3 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 5. SMT. NAZIJA KHANUM W/O LATE SYED SHUJATH PASHA AGED ABOUT 53 YEARS 6. SYED ZAID SHA S/O LATE SYED SHUJATH PASHA AGED ABOUT 32 YEARS 7. SYED SHEZA FATIMA D/O LATE SYED SHUJATH PASHA AGED ABOUT 28 YEARS R4 TO R7 ARE R/AT 3RD CROSS 9TH MAIN ROAD, YARAB NAGAR, BANASHANKARI, BANGALORE-560 070. 8. SRI NAZEEMA BEGUM D/O LATE SYED ZIAULLA SHAH AGED ABOUT 56 YEARS 9. SYED MATHEEN SHAH S/O LATE SYED ZIAULLA SHAH AGED ABOUT 54 YEARS 10. SYED MUJAHID SHAH LATE SYED ZIAULLA SHAH AGED ABOUT 52 YEARS 11. HUDA ASMA D/O LATE SYED ZIAULLA SHAH AGED ABOUT 46 YEARS R8 TO R11 ARE R/AT NO.87/A 9TH MAIN, 34TH CROSS, YARAB NAGAR BANASHANKARI 2ND STAGE, BANGALORE-560 070. 12. SYED KALEEMULLA SHAH S/O. LATE SYED JALEEL SHAH AGED ABOUT 71 YEARS - 4 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 13. SYED KHALENDAR SHAH S/O. LATE SYED JALEEL SHAH AGED ABOUT 70 YEARS 14. SYED JALENI SHAH S/O LATE SYED JALEEL SHAH AGED ABOUT 66 YEARS 15. SYED ZABEEULLA SHAH S/O LATE SYED JALEEL SHAH AGED ABOUT 40 YEARS AKHILLA D/O LATE SYED JALEEL SHAH SINCE DEAD BY HIS LRS AMJAD S/O. LATE AKHILLA SINCE DEAD BY HIS LRS. 16. SMT NAZEEMA BEGUM W/O. LATE AMJAD AGED ABOUT 58 YEARS 17. SRI SYED MOHAMMED SHAH S/O. LATE AMJAD AGED ABOUT 36 YEARS 18. AFRA AMBAR S/O. LATE AMJAD AGED ABOUT 30 YEARS 19. SMT. JABEEN TAJ D/O. LATE AKHILLA AGED ABOUT 70 YEARS 20. SMT. MUBEEN D/O. LATE AKHILLA AGED ABOUT 67 YEARS 21. SMT. SHAHEEN D/O. LATE AKHILLA AGED ABOUT 65 YEARS - 5 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 22. SMT. YASMEEN D/O. LATE AKHILLA AGED ABOUT 62 YEARS 23. SMT. FARZANA D/O. LATE AKHILLA AGED ABOUT 57 YEARS 24. SRI AFZAL PASHA S/O. LATE AKHILLA AGED ABOUT 54 YEARS R12 TO R24 ARE R/AT 3RD CROSS, NO.114, 34TH CROSS, YARAB NAGAR BANASHANKARI 2ND STAGE BANGALORE-560 070. GULNAZ D/O. S.JALEEL SHAH SINCE DEAD BY HER LRS. 25. SRI AZAM KHAN W/O GULNAZ AGED ABOUT 82 YEARS 26. SMT. SHABANA KHANUM D/O. LATE GULNAZ AGED ABOUT 62 YEARS 27. SMT. BABY TARANNUM D/O. LATE GULNAZ AGED ABOUT 60 YEARS 28. SRI ASEEF KHAN S/O. LATE GULNAZ AGED ABOUT 58 YEARS 29. SRI ZAHAD KHAN S/O. LATE GULNAZ AGED ABOUT 56 YEARS 30. SMT. SHABREEN KHASIM D/O. LATE GULNAZ AGED ABOUT 54 YEARS - 6 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 ALL ARE RESIDING AT FLAT NO.H-604 PURVA APARTMENT, KOTHANUR CROSS BANGALORE-560 077. 31. ZAREENA D/O. SYED JALEEL SHAH AGED ABOUT 51 YEARS R/AT 3RD CROSS, 9TH MAIN ROAD YARAB NAGAR, BANASHANKAR 2ND STAGE BANGALORE-560 070. SYED KHURSHID SHA S/O. LATE USMAN SHAH SINCE DEAD BY HIS LRS. SRI SYED ASIF PASHA S/O LATE SYED KHURSHID SHA SINCE DEAD BY HIS LRS. 32. SMT. SHABANNA TAJ W/O. LATE SYED ASIF PASHA AGED ABOUT 52 YEARS 33. SRI SYED JUNED PASHAD S/O LATE SYED ASIF PASHA AGED ABOUT 39 YEARS 34. KUMARI RUKYA D/O LATE SYED ASIF PASHA AGED ABOUT 35 YEARS ALL ARE R/AT M/S HINDUSTAN ENTERPRISES SATHYANARAYANA COMPLEX NH-4, NEAR BUS STAND DABASPET, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE-562 111. 35. SRI SYED MOHAMMED PASHA S/O. LATE SYED KHURSHID SHA AGED ABOUT 69 YEARS - 7 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 36. SRI SYED YASEEN PASHA S/O. LATE SYED KHURSHID SHA AGED ABOUT 68 YEARS 37. SRI SYED MAHEBOOB PASHA S/O. LATE SYED KHURSHID SHA AGED ABOUT 66 YEARS 38. SRI SYED CHAND PASHA S/O. LATE SYED KHURSHID SHA AGED ABOUT 59 YEARS 39. SMT. JABEEN TAJ D/O. LATE SYED KHURSHID SHA AGED ABOUT 72 YEARS SMT. YASMEEN TAJ S/O. LATE SYED KHURSHID SHA SINCE DEAD BY HIS LRS. 40. SRI SANAULLA W/O. LATE YASMEEN TAJ AGED ABOUT 67 YEARS 41. SRI MOHAMMED FAIZULLA S/O. LATE YASMEEN TAJ AGED ABOUT 44 YEARS 42. SRI MOHAMMED YOUSUFULLA S/O. LATE YASMEEN TAJ AGED ABOUT 42 YEARS 43. SRI GHOUSIYA KAUSAR S/O. LATE YASMEEN TAJ AGED ABOUT 36 YEARS ALL ARE RESIDING AT NO.2, 2ND CROSS ANNIPURA, SUDHAMANAGAR BANGALORE-560 027 44. SMT. TABASSUM D/O. LATE SYED KHURSHID SHA AGED ABOUT 64 YEARS - 8 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 45. SMT. SHABEEN D/O. LATE SYED KHURSHID SHA AGED ABOUT 65 YEARS 46. SMT. SHAHEENA D/O. LATE SYED KHURSHID SHA AGED ABOUT 57 YEARS 47. SMT. NASREENA D/O. LATE SYED KHURSHID SHA AGED ABOUT 55 YEARS ALL ARE R/AT M/S. HINDUSTAN ENTERPRISES SATHYANARAYANA COMPLEX NH-4, NEAR BUS STAND, DABASPET SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 111. SRI SYED KHALEEL SHAH, S/O. LATE SYED USMAN SHAH SINCE DEAD BY HIS LRS. 48. SMT. ASMATH UNNISA D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 77 YEARS. SRI SYED MUNEER PASHA S/O. LATE SYED KHALEEL SHAH (DEAD) NO LRS. 49. SRI SYED HABIB SHA S/O. LATE SYED KHALEEL SHAH AGED ABOUT 67 YEARS 50. SRI SYED SALEEM PASHA S/O. LATE SYED KHALEEL SHAH AGED ABOUT 65 YEARS 51. SMT. ANSAR UNNISSA D/O. LATE SYED KHALEEL SHAH AGED ABOUT 65 YEARS - 9 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 SMT. NAZMUNNISSA D/O. LATE SYED KHALEEL SHAH SINCE DEAD BY HER LRS. 52. SMT. NUZARATH UNNISA D/O. LATE SMT. NAZMUNNISSA AGED ABOUT 52 YEARS 53. SRI SYED MUJAHID PASHA S/O. LATE SMT. NAZMUNNISSA AGED ABOUT 47 YEARS 54. SMT. RAZIA SULTANA D/O. LATE SMT. NAZMUNNISSA AGED ABOUT 45 YEARS 55. SMT. RESHMA D/O. LATE SMT. NAZMUNNISSA AGED ABOUT 42 YEARS 56. SMT. NOORUNNISA D/O. LATE NAZMUNNISSA AGED ABOUT 40 YEARS 57. SMT. ISHRAT UNNISA D/O. LATE NAZMUNNISSA AGED ABOUT 37 YEARS ALL ARE RESIDING AT NO.132 10TH CROSS, P H COLONY, TUMKUR TOWN TUMKUR TALUK-572101. 58. SRI SYED GHOUSE PAHSA S/O LATE KHALEEL SHA AGED ABOUT 59 YEARS 59. SRI SYED AKRAM PASHA S/O LATE KHALEEL SHA AGED ABOUT 55 YERS 60. SRI SYED AZAM PASHA S/O LATE KHALEED SHA AGED ABOUT 55 YEARS - 10 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 61. SRI SYED MOULANA S/O LATE SYED KHALEEL SHA AGED ABOUT 53 YEARS 62. SMT. SHAKEELA D/O LATE SYED KHALEEL SHA AGED ABOUT 51 YEARS R58 TO R61 ARE R/AT LAKKUR VILLAGE SOMPURA VILLAGE, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562111. SRI NOORULLA SHA S/O LATE KHALLED SHA SINCE DEAD BY HIS LR’S 63. SMT. NASIMUNISSA W/O LATE NOORULLA SHA AGED ABOUT 67 YEARS 64. SMT. SAMEEN HAZARA D/O LATE NOORULLA SHA AGED ABOUT 47 YEARS 65. SMT. SAMEEN SAHIRA D/O LATE NOORULLA SHA AGED ABOUT 42 YEARS 66. SMT. GOUSIA BANU D/O LATE NOORULLA SHA AGED ABOUT 39 YEARS R63 TO R66 ARE R/AT MUTTON MARKET ASAR MOHALLA, SIRA TOWN SIRA TALUK, TUMKUR DISTRICT-572137. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED: 05.12.2023 PASSED IN FDP NO.1/2007 BY THE COURT OF III ADDL. CIVIL JUDGE AND JMFC, AT NELAMANGALA ON I.A. NO.22 UNDER - 11 - HC-KAR NC: 2026:KHC:17171 WP No. 18316 of 2024 ORDER 1 RULE 10(2) READ WITH SECTION 151 OF CPC FILED BY THE PETITIONERS VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER Learned counsel for the petitioners filed a memo of retirement dated 02.02.2026 on the ground that he is unable to receive instructions from the petitioners. He has also sent a notice and filed an acknowledgment for having served the notice. 2. For the reasons stated in the memo, it appears that the petitioners are not interested in prosecuting this writ petition. Hence, writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48