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Karnataka High Court
Sri Salahuddin vs Sri Mohammed Inayathulla on 20 January, 2026
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NC: 2026:KHC:2934
RFA No. 1637 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO. 1637 OF 2024 (PA/DE/IN)
BETWEEN:
1. SRI. SALAHUDDIN
S/O LATE SRI. MOHAMMED ABBAS
AGED ABOUT 78 YEARS
R/AT NEAR GOVERNMENT
URDU SCHOOL, M.S. PALYA
VIDYARANYAPURA POST
BENGALURU-560097.
...APPELLANT
(BY SRI. LEELADHAR .H.P, ADVOCATE)
AND:
1. SRI. MOHAMMED INAYATHULLA
S/O LATE SRI. MOHAMMED ABBAS
AGED ABOUT 84 YEARS
Digitally signed by
NAGARAJA B M R/AT NO.2099, NEAR CANARA TOOLS
Location: HIGH
COURT OF M S PALYA, VIDYARANYAPUIRA POST
KARNATAKA
BENGALURU-560 097.
2. SRI. HABIBULLA @ ABUBACKER
S/O LATE SRI MOHAMMED MED ABBAS
AGED ABOUT 84 YEARS
R/AT NO.2099, NEAR CANARA TOOLS
M S PALYA, VIDYARANYAPUIRA POST
BENGALURU-560 097.
3. SRI. MOHAMMED AMEER HAMZA
S/O LATE SRI MOHAMMED ABBAS
AGED ABOUT 93 YEARS
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R/AT. NEAR GOVERNMENT URDU SCHOOL
AND BNK PUBLIC SCHOOL
VIDYARANYAPURA POST
BENGALURU-560097.
4. SMT. AMEER BI
W/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 84 YEARS
5. SRI. MOOSA
S/O. LATE SRI.MOHAMMED USMAN
AGED ABOUT 84 YEARS
6. SRI. RAFIQ
S/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 64 YEARS
7. SRI. KHALID
S/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 57 YEARS
8. SRI. BASHEER
S/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 52 YEARS
9. SRI. MUKTHIAR
S/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 49 YEARS
10. SRI. MOHAMMED ALI
S/O. LATE SRI. MOHAMMED USMAN
AGED ABOUT 46 YEARS
NO.4 TO 10 ARE R/AT.
NEAR GOVERNMENT URDU SCHOOL
AND BNK PUBLIC SCHOOL
VIDYARANYAPURA POST
BENGALURU-560097.
SRI. MOHAMMED ISMAIL
S/O LATE SRI. MOHAMMED ABBAS
SINCE DEAD BY HIS LRS.
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11. SMT. JAMEELA ISMAIL
W/O LATE SRI MOHAMMED ISMAIL
AGED ABOUT 87 YEARS
12. SMT. FATHIMA ZOBRA
D/O. LATE SRI. MOHAMMED ISMAIL
AGED ABOUT 60 YEARS
13. SRI. SHAHNAZ BEGUM
S/O LATE MOHAMMED ISMAIL
AGED ABOUT 55 YEARS
14. SRI. MOHAMMED ISHAAQ M.D.
S/O. LATE SRI. MOHAMMED ISMAIL
AGED ABOUT 55 YEARS
SL NO. 11 TO 14 ARE R/AT
DOOR NO.299, GANESH LAYOUT
NEAR CANARA TOOLS, M.S. PALYA
VIDYARANAYAPURA POST
BENGALURU-560097.
15. SRI. ABDUL LATHIEF @ MOHAMMED SALIM
S/O LATE SRI.MOHAMMED ABBAS
AGED ABOUT 81 YEARS
R/AT. OPPOSITE TO HESARAGHATTA
PANCHAYATH OFFICE
HESARAGHATTA HOBILI
BENGALURU NORTH TALUK
BENGALURU DISTRICT -560088.
16. SRI. GHOUSE MOHIDIN
S/O LATE SRI.ABDUL REHMAN SAB
MAJOR IN AGE
R/AT. QUILLAGALLI NEAR FORT
KUNIGAL TOWN
TUMKUR DISTRICT -572130
17. SRI. H.RAMAKRISHNA
S/O. SRI. MEGANNA
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AGED ABOUT 89 YEARS
R/AT. PAKKEGOWDANAPALYA
SILUVEPURA POST
BENGALURU NORTH TALUK
BENGALURU DISTRICT-560088.
18. SRI. G.S. SHIVAKUMAR
S/O. SRI. T.L.GOPALA KRISHNAIAH SHETTY
AGED ABOUT 78 YEARS
R/AT. KASTURBA ROAD
SHIMOGA -577202.
19. SRI. K.V.NAIDU
S/O. SRI. K.C.NAIDU
AGED ABOUT 73 YEARS
R/AT. NO.13, 4TH CROSS
GOWDA COLONY, 1ST MAIN ROAD
RMV 2ND STAGE, DOLLARS COLONY
BENGALURU -560094.
20. SRI. SYED MASOOD
S/O. LATE SRI.BIBIJAN
AGED ABOUT 86 YEARS
R/AT. NO.298, MUBARAK MAIN ROAD
CHIKKABETTAHALLI, M.S.PALYA
BENGALURU -560097.
21. SMT. PARVEEN BANU
D/O. LATE SRI. BIBIJAN
AGED ABOUT 85 YEARS
R/AT. NO.401, ADITHYANAGAR
M.S.PALYA, VIDYARANYAPURA POST
BENGALURU -560097.
22. SRI. SHANAWAZ PASHA
S/O. LATE BIBIJAN
AGED ABOUT 83 YEARS
R/AT. NO.31/B, 5TH CROSS, 5TH MAIN
MUNISWAMAPPA LAYOUT
HAL 3RD STAGE
BENGALURU -560017.
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23. SMT. RAHEEMUNISSA
D/O. LATE SRI. BIBIJAN
AGED ABOUT 80 YEARS
R/AT. HESARAGHATTA MAIN ROAD
M.S.PALYA
VIDYARANYAPURA POST
BENGALURU -560097.
24. SRI. SYED SALAR
S/O. LATE SRI. BIBIJAN
AGED ABOUT 78 YEARS
NO.75, M.S.PALYA
VIDYARANYAPURA POST
BENGALURU-560097.
25. SRI. SYED KALEEM
S/O. LATE SRI. BIBIJAN
AGED ABOUT 75 YEARS
R/AT. NO.1, 8 M.S.PALYA CIRCLE
M.S.PALYA, VIDYARANYAPURA POST
BENGALURU -560097.
26. SMT. NAZEEMA BEGUM
D/O. LATE SRI. BIBIJAN
AGED ABOUT 70 YEARS
R/AT. NEAR JAMIA MASJID
M.S.PALYA, VIDYARANYAPURA POST
BENGALURU-560097.
27. SMT. NIFEESA
D/O. LATE SRI. BIBIJAN
AGED ABOUT 68 YEARS
R/AT. NO.313, BEHIND URDU SCHOOL
M.S.PALYA, VIDYARANYAPURA POST
BENGALURU-560097.
28. SMT. FAHEEM UNNISA
D/O. LATE SRI.BIBIJAN
AGED ABOUT 83 YEARS
R/AT. NO.816, 4TH WARD
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2ND DIVISION, GANGADHARAPURA
BENGALURU RURAL -5612023.
29. SRI.ZABIULLA
S/O LATE SRI. BIBIJAN
AGED ABOUT 73 YEARS
R/AT. NO.95, NEAR PETROL BUNK
M.S.PALYA, VIDYARANYAPURA POST
BENGALURU -560097.
30. SMT. RAZIA BEGUM
D/O LATE SRI. MOHAMMED ABBAS
W/O LATE SRI. SYED MEHBOOB
AGED ABOUT 83 YEARS
R/AT. NO.2, 3RD A MAIN ROAD
BALAJI LAYOUT, BENGALURU-560097.
31. SRI. MOHAMMED BAKSHI
D/O LATE SRI. ABDUL RAHEEM
AND MYMUNNISSA
W/O LATE SRI. SYED MEHBOOB
AGED ABOUT 77 YEARS
R/AT. NO.5, NEAR JHAMIA MASJID
ISAMPURA, HAL POST
BENGALURU -560017.
32. SMT. GULZAR BANU
W/O. SRI. AMEER KHAN
AGED ABOUT 72 YEARS
R/AT. NO.1294, VARTHUR MAIN ROAD
BEHIND GOVT HIGH SCHOOL
VARTHURU, BENGALURU -560087.
33. SMT. SHAKEELA BANU
W/O. SRI. SYED BASHA
AGED ABOUT 67 YEARS
R/AT. NO.933, 2ND MAIN ROAD
KOTTNUR, VIJAYAPURA
BENGALURU -560016.
34. SMT. NABEERA BANU
W/O SRI. RAHATHULLA
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AGED ABOUT 57 YEARS
R/AT. NO.28, SARAPALYA
THANISANDRA
DR. SHIVARAMAKARANTH NAGAR
BENGALURU -560077.
...RESPONDENTS
(BY SRI. P.N. NANJA REDDY, ADVOCATE FOR C/R19)
THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 16.04.2024
PASSED IN OS.NO.26874/2009 ON THE FILE OF THE LXXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL,
CITY CIVIL COURT, BENGALURU (CCH-75), DISMISSING THE
SUIT FOR DECLARATION, PARTITION AND SEPARATE
POSSESSION AND INJUNCTION.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
The appellant, who is assisted by his son, is present
in the open Court. The appellant's counsel has identified
the appellant, who is present before this Court.
2. Though the learned counsel appearing for the
appellant has raised serious reservations regarding closure
of the appeal, it is submitted that such apprehension
stems from the fact that the cheque issued by defendant
No.19 towards full and final settlement is yet to be
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realised, which, in turn, has necessitated the filing of a
memo seeking withdrawal of the appeal.
3. On a specific query addressed by this Court, the
learned counsel appearing for defendant No.19, who is
present before the Court along with defendant No.19,
submits that defendant No.19 is maintaining a savings
bank account with a balance of Rs.25,00,000/- and that
the cheque in question has been issued for a sum of
Rs.10,00,000/-. It is further asserted, on instructions, that
in the event the cheque is presented today, the same
would be honoured and cleared either today or by the next
working day, as the account holds sufficient funds well in
excess of the cheque amount.
4. Recording the aforesaid statement made by the
learned counsel appearing for defendant No.19, as well as
defendant No.19, who is personally present before this
Court, and having regard to the memo dated 20.01.2026
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HC-KAR
filed by the appellant seeking withdrawal of the appeal,
the appeal stands dismissed as withdrawn.
However, such withdrawal shall be subject to the
realisation of the cheque issued by defendant No.19 in
favour of the appellant. In the event of dishonour of the
said cheque, liberty is expressly reserved to the appellant
to seek revival of this appeal in accordance with law.
SD/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
List No.: 1 Sl No.: 26
