RFA/1753/2020 of MRS SYEDA RAHAMATHUNNISSA Vs MR SYED MUSHTAQ AHMED on 1 October 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

REGULAR FIRST APPEAL NO. 1753 OF 2020 (INJ)

BETWEEN:

1.

MRS. SYEDA RAHAMATHUNNISSA,

W/O LATE HUSAIN SHARIFF,

AGED ABOUT 83 YEARS,

2.

MR. MAHABOOB SHARIFF,

S/O LATE HUSAIIN SHARIFF,

AGED ABOUT 65 YEARS

BOTH ARE RESIDING AT NO.55,

2ND FLOOR, 5TH CROSS,

BYRASANDRA, JAYANAGAR,

1ST BLOCK, BENGALURU-560 011.

…APPELLANTS

(BY SRI. VIJAYA KUMAR K., ADVOCATE)

AND:

1.

MR. SYED MUSHTAQ AHMED,

S/O SYED ABDUL KAREEN,

AGED ABOUT 65 YEARS,

2.

MR. SAJJAD

S/O MR.SYED MUSHTAQ AHMED,

AGED ABOUT 40 YEARS,

Digitally signed

by PANKAJA S

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

3.

MR. SHOAIB

S/O MR. SYED MUSTAQ AHMED,

AGED ABOUT 38 YEARS,

ALL ARE RESIDING AT

NO.55/32, GROUND FLOOR,

5TH CROSS, BYRASANDRA,

JAYANAGAR, 1ST BLOCK,

BENGALURU-560 011.

…RESPONDENTS

(BY SRI. T.V.TAJPEER, ADVOCATE)

THIS RFA IS FILED UNDER SEC.96 OF CPC., PRAYING TO

CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND

DECREE DATED 21.10.2020 PASSED IN O.S.NO.26270/2017 BY

XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO

HALL, AT BENGALURU (CCH-22), AND CONSEQUENTLY DECREE

THE SUIT OF THE PLAINTIFFS BY ALLOWING THIS APPEAL AND

GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON'BLE

COURT DEEMS IT FIT TO GRANT IN THE FACTS AND

CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE

AND EQUITY.

THIS APPEAL, COMING ON FOR ORDER, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K