Karnataka High Court
Sri Erafanulla (Irfanulla) vs Sri Shamsuddin H I on 5 October, 2023
Bench: Chief Justice, Krishna S Dixit
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NC: 2023:KHC:36099-DB
WA No. 1104 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1104 OF 2022 (LB-RES)
BETWEEN:
SRI ERAFANULLA (IRFANULLA),
S/O LATE SHEIK BIRANSAB,
AGED ABOUT 56 YEARS,
AGRICULTURIST
R/AT HALAGUR VILLAGE,
MALAVALLI TALUK,
MANDYA-DISTRICT 571 401.
...APPELLANT
(BY SMT. SAMSHRITAH R., ADVOCATE FOR
SRI.. AKARSH KUMAR GOWDA.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B
Location: 1. SRI SHAMSUDDIN H I,
HIGH COURT
OF S/O LATE IMAILSAB,
KARNATAKA AGED ABOUT 84 YEARS,
AGRICULTURIST,
R/AT HALAGUR VILLAGE,
MALAVALLI TALUK,
MANDYA-DISTRICT 571 401.
2. ZAMEERULLA
S/O SHAMSUDDIN,
AGED ABOUT 44 YEARS,
AGRICULTURIST,
R/AT HALAGUR VILALGE, MALAVALLI TALUK,
MANDYA-DISTRICT 571 401.
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NC: 2023:KHC:36099-DB
WA No. 1104 of 2022
3. THE EXECUTIVE OFFICER,
TALUKA PANCHAYATH,
MALAVALLI, MALAVALLI TALUK,
MANDYA-DISTRICT -571 401.
4. THE SECRETARY.
HALAGUR GRAMA PANCHAYATH.
HALAGUR VILLAGE, MALAVALLI TALUK,
MANDYA DISTRICT 571 401.
...RESPONDENTS
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE ABOVE APPEAL AND
SET ASIDE THE ORDER DATED 10TH AUGUST 2022 MADE IN WP
NO.375/2016 PASSED BY THE LEARNED SINGLE JUDGE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This intra court appeal by the third respondent in
W.P.No.375/2016 (LB-RES) seeks to call in question a
learned Single Judge's order dated 10.08.2022 whereby,
the said petition having been favoured, the order dated
07.11.2015 passed by the Executive Officer of the Taluka
Panchayat in writ petitioners Appeal No.1/2014 has been
quashed. As a consequential relief, a direction has also
been issued to the jurisdictional Grama Panchayat to
restore the khatas in favour of the petitioners.
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WA No. 1104 of 2022
2. Learned counsel for the appellant argues that
the learned Single Judge has committed an error in
quashing the appellate order passed by the Executive
Officer of the Grama Panchayat in the absence of the
demonstrable errors therein.
3. Having heard the learned counsel for the
appellant and having perused the appeal papers, we
decline indulgence in the matter inasmuch as learned
Single Judge has rightly observed about the partition suit
in O.S.No.7/2012 filed by the appellant herein was
dismissed and that the subject khata was registered in
favour of the first writ petitioner-Shamsuddin on the basis
of a consent letter given by one Mr.Rahamatulla who was
the registered owner of the subject property. Following all
this, the first writ petitioner had issued a consent letter in
favour of second writ petitioner Mr.Zaminulla who is none
other than his son. Parties being Muslims, such a course is
admissible in the realm of Mohammedan Law.
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WA No. 1104 of 2022
4. In the above circumstances, this appeal being
devoid of merits is liable to be and accordingly dismissed,
costs having been made easy. Liberty is reserved to the
appellant to take up appropriate proceedings for
establishing his title to the subject property, if so advised.
In that regard, all contentions are kept open and nothing
observed hereinabove shall influence such proceedings.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
