Karnataka High Court
Smt. Sadika Begum And Ors vs Smt. Shamsunnisa Begum And Ors on 31 July, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-K:5517
MFA No. 202297 of 2017
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
MISCL. FIRST APPEAL NO. 202297 OF 2017 (CPC)
BETWEEN:
1. SMT. SADIKA BEGUM
W/O LATE MOHIN PASHA KATEEB,
AGE : 58 YEARS, OCC : HOUSEHOLD,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE SINDHANUR,
TQ. SINDHANUR,
DIST. RAICHUR-584101.
2. RAHIMUNISA BEGUM
D/O LATE MOHIN PASHA,
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE SINDHANUR,
Digitally signed
TQ. SINDHANUR, DIST. RAICHUR-584101.
by RENUKA
Location: HIGH 3.. MD. GULAM RASOOL @ IMRAN
COURT OF S/O LATE MOHIN PASHA,
KARNATAKA
AGE: 27 YEARS, OCC: AGRICULTURE,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE, SINDHANUR,
TQ. SINDHANUR,
DIST. RAICHUR-584101.
4. MD. IRSHED
S/O LATE MOHIN PASHA KATEEB,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE SINDHANUR,
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MFA No. 202297 of 2017
TQ. SINDHANUR,
DIST. RAICHUR-584101.
5. WAHEEDUNNISSA @ SUMERA,
W/O SYED GHOUSE SURVEDAR,
AGE: 25 YEARS, OCC: HOUSEHOLD,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE SINDHANUR,
TQ. SINDHANUR, DIST. RAICHUR-584101.
6. MD. YASEEN
S/O LATE MOHIN PASHA,
AGE: 23 YEARS, OCC: STUDENT,
R/O. OPP. HANUMAN TEMPLE,
NEAR BADIBASE SINDHANUR,
TQ. SINDHANUR,
DIST. RAICHUR-584101.
...APPELLANTS
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
1. SMT. SHAMSUNNISA BEGUM
W/O LATE MOHIN PASHA KATEEB,
AGED: 64 YEARS, OCC: HOUSEHOLD,
R/O. BADIBASE SINDHANUR,
TQ: SINDHANUR, DIST: RAICHUR-584101.
2. SMT. NASEEM AARSHIYA
W/O NASIR KHAN
@ D/O LATE MOHIN PASHA,
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O. NEAR BRB COLLEGE,
RAICHUR, DIST: RAICHUR-584101.
3. ASIYA TASNEEM W/O SYED WASIM,
D/O LATE MOHIN PASHA,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. BADIBASE SINDHANUR,
TQ: SINDHANUR, DIST: RAICHUR-584101.
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MFA No. 202297 of 2017
4. FAHEEMUNNISA BEGUM
D/O LATE MOHIN PASHA,
AGED: 31 YEARS, OCC: NURSE,
R/O. WORKING AS NURSE,
AT PHC HACHOLLI, TQ: SIRGUPPA,
DIST: BELLARY-587101.
5. NAJEMUNNISA BEGUM
D/O LATE MOHIN PASHA,
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O. BADIBASE SINDHANUR,
TQ: SINDHANUR,
DIST: RAICHUR-584101.
...RESPONDENTS
(BY SRI SHIVAKUMAR R.TENGLI, ADVOCATE R1, R3 TO R5)
THIS MFA IS FILED U/S.43 RULE(1)(R) OF CPC, PRAYING
TO ALLOW THE APPEAL BY SETTING ASIDE THE IMPUGNED
ORDER ON I.A.NO.I DATED 18.07.2017 PASSED IN
O.S.NO.256/2016 BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC, SINDHANOOR, VIDE ANNEXURE-E AND CONSEQUENTLY
ALLOW THE APPLICATION I.E I.A.NO.1 FILED BY THE
APPELLANTS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA) This appeal is filed by the first defendant. -4-
NC: 2024:KHC-K:5517 MFA No. 202297 of 2017
2. The appeal arises out of an order passed on an application filed under Order 39 Rule 1 and 2 of Code of Civil Procedure.
3. In a suit for partition, by the impugned order, the request of the first defendant for grant of an injunction was refused on the ground that no injunction could be granted in respect of joint family properties against the plaintiffs who were common tenants.
4. It was observed that since the first defendant claimed that Bakarsab had executed a Will in her favour and until the Will was proved, it cannot be said that the first defendant had an exclusive right over the suit schedule properties. The Trial Court has therefore proceeded to reject the application which had been filed by the first defendant.
5. In my view, there is no infirmity in the order passed by the Trial Court which warrants interference. The appeal is therefore dismissed. However, having regard to the suit is of the year 2016, the Trial Court shall make all -5- NC: 2024:KHC-K:5517 MFA No. 202297 of 2017 endeavour to dispose of the appeal as expeditiously as possible, within a period of nine months from the date of receipt of copy of this order.
Sd/-
(N.S.SANJAY GOWDA) JUDGE sn List No.: 1 Sl No.: 17