Citation : 2026 Latest Caselaw 123 Kant
Judgement Date : 8 January, 2026
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NC: 2026:KHC:1193-DB
RFA No. 508 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
REGULAR FIRST APPEAL NO.508 OF 2023 (DEC/PAR)
BETWEEN:
1. SMT.HASEENA BEGUM
AGED ABOUT 54 YEARS,
W/O LATE MIR MOHAMMED SALEH @ SYED IQBAL,
2. SYED AEJAZ
W/O LATE MIR MOHAMMED SALEH @ SYED IQBAL,
AGED ABOUT 33 YEARS,
BOTH ARE R/AT DOOR NO.317,
Digitally signed
NEAR GOVERNMENT URDU SCHOOL,
by BANGALORE (HULIMGUDA) NOW HULIMANGULA POST,
ANJANAPPA
KRISHNA SHIKARIPALYA,
KUMAR
JIGANI HOBLI, ANEKAL TALUK,
Location: High
Court of BANGALORE DIST. 562 100.
Karnataka
...APPELLANTS
(BY SRI. SYED ZULFIKHAR AHMED KHURESHI, ADVOCATE)
AND:
SYED IBRAHIM @ MOULANA (LATE)
S/O LATE SYED GHOUSE,
(SINCE DECEASED BY LR'S)
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NC: 2026:KHC:1193-DB
RFA No. 508 of 2023
HC-KAR
1. FAHMIDUNNISA,
W/O LATE G. SYED IBRAHIM MOULANA
AGED ABOUT 78 YEARS,
2. KALEEM PASHA
S/O G. SYED IBRAHIM MOULANA
AGED ABOUT 45 YEARS,
3. KHALEEL PASHA
S/O G. SYED IBRAHIM MOULANA
AGED ABOUT 78 YEARS,
ALL ARE R/AT NO.598/11,
13TH CROSS, DEVARAJ URS NAGAR,
BANGALORE 560 026.
4. SYED SULTAN MAHMOOD @ FAIROZ
AGED ABOUT 78 YEARS,
S/O LATE SYED GHOUSE,
NO.2, RANGAPPA LANE,
OPP. FLOWER DECORE
SUSHILA MAIN ROAD,
DODDAMAVALLI,
BANGALORE 560 004.
5. DR. YASEEN SHARIFF
S/O LATE HAJI NABI SHARIFF,
AGED ABOUT 63 YEARS,
NO.19.4, SHARIFIA HOTEL,
NAWAB HYDERALI KHAN ROAD,
CITY MARKET SQUARE,
BANGALORE 560 002,
NOW AT NO. 09, ELEGANT SPRINGDALE
APARTMENTS,
NO.14, KEMP ROAD, NEAR COLES PARK,
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NC: 2026:KHC:1193-DB
RFA No. 508 of 2023
HC-KAR
FRAZER TOWN,
BENGALURU 560 005.
6. SYED ZAIULLA
S/O LATE SHAFIULLA,
AGED ABOUT 62 YEARS,
NO.103, SYED MANZIL,
POOVANNA BLOCK,
MANORAYANAPALYA,
BANGALORE 560 032.
7. SYED INAYATHULLA
S/O LATE SYED SHAFIULLA,
AGED ABOUT 58 YEARS,
NO.53, M S BUILDING,
19TH CROSS, 21ST MAIN,
M C ROAD, VIJAYANAGAR,
BANGALORE 560 040.
8. SYED SUJAUALLA
S/O LATE SYED SHAFIULLA,
AGED ABOUT 47 YEARS,
NO.53, 7TH MAIN,
SUBANNA GARDEN,
VIJAYANAGAR,
BANGALORE 560 040.
9. SYED ZULIKAR
S/O LATE SYED SHAFIULLA,
AGED ABOUT 55 YEARS,
NO.53, 7TH MAIN, 6TH CROSS,
SUBANNA GARDEN,
VIJAYANAGAR, BANGALORE 560 040.
10. FATHIMUNNISA @ SABEENA
D/O LATE SYED SHAIULLA,
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NC: 2026:KHC:1193-DB
RFA No. 508 of 2023
HC-KAR
AGED ABOUT 55 YEARS,
NO.55/1, MUDALAPALYA STREET,
SUSHEELA ROAD CROSS,
DODDAMAVALLI,
BANGALORE SOUTH,
BANGALORE 4.
11. SHAHEEN TAJ
D/O LATE SYED SHAIULLA,
AGED ABOUT 52 YEARS,
DOOR NO.71, 4TH MAIN,
34TH CROSS, HARABHNAGAR,
BANASHANKARI II STAGE,
BANGALORE 560 070.
...RESPONDENTS
(BY SRI. S. B. TOTAD, ADV. FOR C/R4;
R5, R6, PROPOSED R13 & PROPOSED R15 ARE SERVED;
SRI. SANDESH T.B., ADV. FOR R8)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 09.01.2022
PASSED IN OS No.4771/2004 ON THE FILE OF THE I
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, bengaluru
(CCCH NO.2), DISMISSING THE SUIT FOR DECLARATION AND
PARTITION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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RFA No. 508 of 2023
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel appearing for the appellants seeks
leave of the Court to withdraw the appeal and has filed a
memo to that effect. The memo reads as under;
"Appellants humbly submits that on the intervention of elders of the family members, the matter has been settled out of court and hence, they may be permitted to withdraw the above Appeal. Wherefore, it is humbly prayed that the above appeal may be dismissed as withdrawn, in the ends of justice and equity."
2. In view of the memo, appeal is dismissed as
withdrawn.
Sd/-
(ANU SIVARAMAN) JUDGE
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE
RAK, List No.: 1 Sl No.: 31
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