Karnataka High Court
Sri. Nazir Ahmed Khan @ Sardar vs Smt. Sibhgathulla Khan on 3 October, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:35642
RP No. 540 of 2022 C/W. RP No.545 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REVIEW PETITION NO. 540 OF 2022
IN
R.S.A.No.588/2021
C/W
REVIEW PETITION NO.545 OF 2022
IN
R.S.A.No.589/2021
IN RP NO.540/2022:
BETWEEN:
1. SRI NAZIR AHMED KHAN @ SARDAR
S/O LATE JABBAR KHAN
AGED ABOUT 78 YEARS,
RESIDING AT ADIGARAKALLAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE URBAN DISTRICT-562106
...PETITIONER
Digitally signed
by SHARANYA T (BY SRI H.N.SHASHIDHAR, SENIOR ADVOCATE FOR
Location: HIGH SRI NAVEED AHMED, ADVOCATE)
COURT OF AND:
KARNATAKA
1. SMT. SIBHGATHULLA KHAN
D/O INAYATHULLA KHAN
AGED ABOUT 39 YEARS,
RESIDING AT KATTIGENAHALLI VILLAGE,
HOSAKOTE TALUK
BANGALORE-562114
2. SRI.ATHULLA KHAN
S/O INAYATHULLA KHAN
AGED ABOUT 45 YEARS,
RESIDING AT NO.29,
-2-
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RP No. 540 of 2022 C/W. RP No.545 of 2022
F CROSS 1ST MAIN ROAD,
NEW GUDDADAHALLI,
MYSORE ROAD
BANGALORE-560026.
3. SMT.FURKHUNDA KHATOON
W/O NAZEER KHAN
D/O INAYATHULLA KHAN
MAJOR IN AGE
R/AT KATTIGENAHALLI VILLAGE,
HOSAKOTE TALUK
BANGALORE-562 114.
4. SMT.HAJIRA KHATOON
W/O SARDAR KHAN
D/O INAYATHULLA KHAN
MAJOR IN AGE
RESIDING AT SARJAPURA VILLAGE,
ANEKAL TALUK
BANGALORE-562106
5. SMT.HASEENA KHATOON
SINCE DEAD BY HER LRS
5(a) SMT. SHABANA TAJ
D/O SMT.HASEENA KHATOON
W/O ATHAULLA KHAN
AGED ABOUT45 YEARS,
RESIDING AT NO.12,
1ST F MAIN STREET,
NEW GUDDADAHALLI
MYSORE ROAD
BANGALORE-560026
5(b) SMT. SALMA
D/O SMT. HASEENA KHATOON
W/O AYUB KHAN
AGED ABOUT 43 YEARS,
R/AT NO.55, G-1,
SUMA APARTMENT,
-3-
NC: 2023:KHC:35642
RP No. 540 of 2022 C/W. RP No.545 of 2022
5TH MAIN ROAD, 6TH CROSS
RPC LAYOUT, VIJAYANAGAR
BENGALURU-560 040.
5(c) SRI.ASHFAQ PASHA
S/O SMT.HASEENA KHATOONA AND
ZIAULLA KHAN
AGED ABOUT 42 YEARS,
R/AT NO.12, 1ST F MAIN
STREET NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-560 026.
5(d) SRI.IMRAN PASHA
S/O SMT.HASEENA KHATOON AND
ZIAULLA KHAN
AGED ABOUT 41 YEARS,
R/AT NO.12, 1ST F MAIN STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGLURU-560 026.
5(e) SRI IRFAN PASHA
S/O SMT. HASEENA KHATOON AND
ZIAULLA KHAN
AGED ABOUT 37 YEARS,
R/AT NO.12, 1ST F MAIN STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGLURU-560 026.
5(f) SRI NADEEM PASHA
S/O SMT.HASEENA KHATOON AND
ZIAULLA KHAN
AGED ABOUT 35 YEARS,
R/AT NO.12, 1ST F MAIN STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGLURU-560 026.
5(g) SRI.AMRIN TAJ
D/O SMT.HASEENA KHATOON
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RP No. 540 of 2022 C/W. RP No.545 of 2022
W/O SADATHULLA KHAN
AGED ABOUT 34 YEARS,
R/AT NO.5, VR INCITY LAYOUT
GANGALU ROAD,
HOSKOTE-562 114.
6. SMT.GHOUSIA BEGUM
W/O LATE SRI MOHAMOOD KHAN
AGED ABOUT 54 YEARS,
R/AT NO.90/2, ADIGARAKALLAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE URBAN DISTRICT-562 106.
...RESPONDENTS
(BY SRI IQBAL PATEL, ADVOCATE FOR R1 - R4 & R5(a-g);
R6 SERVED)
THIS REVIEW PETITION UNDER ORDER 47 RULE 1 R/W.
114 OF CPC, PRAYING TO REVIEW THE ORDER DATED
08.10.2021 PASSED BY THIS HON'BLE COURT IN RSA
NO.588/2021 AND RESTORE THE APPEAL IN ITS ORIGINAL
NUMBER AND PERMIT THE PETITIONER TO PROVE HIS CASE,
IN THE INTEREST OF JUSTICE AND EQUITY.
IN RP NO.545/2022:
BETWEEN:
SRI NAZIR AHMED KHAN @ SARDAR,
S/O LATE JABBAR KHAN,
AGED ABOUT 78 YEARS,
R/AT ADIGARAKALLAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
BENGALURU URBAN -562 106. ... PETITIONER
[BY SRI H.N.SHASHIDHAR SENIOR ADVOCATE FOR
SRI NAVEED AHMED, ADVOCATE]
AND:
1. SMT. HASEENA KHATOON,
SINCE DEAD BY HER LRs.
-5-
NC: 2023:KHC:35642
RP No. 540 of 2022 C/W. RP No.545 of 2022
1(a) SMT.SHABANA TAJ,
D/O SMT.HASEENA KHATOON,
W/O ATHAULLA KHAN,
AGED ABOUT 45 YEARS,
RESIDING AT NO.12,
1ST MAIN F STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-26.
1(b) SMT. SALMA,
D/O SMT. HASEENA KHATOON,
W/O AYUB KHAN,
AGED ABOUT 43 YEARS,
R/AT NO.55, G-1,
SUMA APARTMENT,
5TH MAIN ROAD, 6TH CROSS,
RPC LAYOUT, VIJAYANAGAR,
BENGALURU-560 040.
1(c) SRI ASHFAQ PASHA,
S/O SMT. HASEENA KHATOON AND
ZIAULLA KHAN,
AGED ABOUT 42 YEARS,
R/AT NO.12, 1ST MAIN F STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-26.
1(d) SRI IMRAN PASHA,
S/O SMT.HASEENA KHATOON AND
ZIAULLA KHAN,
AGED ABOUT 41 YEARS,
R/AT NO.12, 1ST MAIN F STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-560 026.
1(e) SRI IRFAN PASHA,
S/O SMT.HASEENA KHATOON
AND ZIAULLA KHAN,
AGED ABOUT 37 YEARS,
RESIDING AT NO.12,
1ST MAIN F STREET,
-6-
NC: 2023:KHC:35642
RP No. 540 of 2022 C/W. RP No.545 of 2022
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-560 026.
1(f) SRI NADEEM PASHA,
S/O SMT. HASEENA KHATOON
AGED ABOUT 35 YEARS,
R/AT NO.12, 1ST MAIN F STREET,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-560 026.
1(g) SRI AMRIN TAJ,
D/O SMT.HASEENA KHATOON
W/O SADATHULLA KHAN,
AGED ABOUT 34 YEARS,
R/AT NO.5, VR INCITY LAYOUT,
GANGALU ROAD,
HOSKOTE-562 114.
2. SMT. SIBHGATHULLA KHAN,
D/O INAYATHULLA KHAN,
AGED ABOUT 39 YEARS,
R/AT KATTIGENAHALLI VILLAGE,
HOSAKOTE TALUK,
BENGALURU-562114.
3. SRI ATHULLA KHAN,
S/O INAYATHULLA KHAN,
AGED ABOUT 45 YEARS,
R/AT NO.29, F CROSS,
1ST MAIN ROAD,
NEW GUDDADAHALLI,
MYSORE ROAD,
BENGALURU-562114.
4. SMT. FURKHUNDA KHATOON,
W/O NAZEER KHAN,
D/O INAYATHULLA KHAN,
MAJOR IN AGE,
RESIDING AT KATTIGENAHALLI,
VILLAGE, HOSAKOTE TALUK,
BANGALORE-562114.
-7-
NC: 2023:KHC:35642
RP No. 540 of 2022 C/W. RP No.545 of 2022
5. SMT. HAJIRA KHATOON,
W/O SARDAR KHAN,
D/O INAYATHULLA KHAN,
MAJOR IN AGE
R/AT SARJAPURA VILLAGE,
ANEKAL TALUK,
BENGALURU-562106.
6. SMT. GHOUSIA BEGUM,
W/O LATE SRI MOHAMOOD KHAN,
AGED ABOUT 54 YEARS,
RESIDING AT NO.90/2,
ADIGARAKALLAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
BENGALURU URBAN DISRICT-562106. ... RESPONDENTS
[BY SRI IQBAL PATEL, ADVOCATE FOR R-1(a to g), R-2 TO R-5;
R-6 - SERVED]
THIS REVIEW PETITION UNDER ORDER 47 RULE 1 R/W.
114 OF CPC, PRAYING TO REVIEW THE ORDER DATED
08.10.2021 PASSED BY THIS HON'BLE COURT IN RSA
NO.589/2021 AND RESTORE THE APPEAL IN ITS ORIGINAL
NUMBER AND PERMIT THE PETITIONER TO PROVE HIS CASE,
IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the review petitioner's counsel and also the counsel
for the respondents.
2. The main contention of the review petitioner's
counsel that there is an error in the order passed by this Court
in confirming the judgment of the First Appellate Court and the
said submission cannot be accepted and this Court already
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RP No. 540 of 2022 C/W. RP No.545 of 2022
made it clear in paragraph No.13 of the order that the First
Appellate Court rightly divided the shares that daughters are
entitled for 1/4th share and the son is entitled to 1/2 share and
taken note of the Mohammedan law determined rightly.
3. Hence, no question of reviewing the order and both
the review petitions are dismissed, as there is no mistake
apparent on records.
Sd/-
JUDGE
AP
