Karnataka High Court

WP/25503/2026 of SRI. ANSARULLA SHARIFF Vs SMT. ZAREEN TAJ on 23 September 2026

Cites 0, Cited by 0

CNR: KAHC010558582026 NC: 2026:KHC:52408 WP No. 25503 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 25503 OF 2026 (GM-CPC) BETWEEN: 1. SRI. ANSARULLA SHARIFF S/O UBEDULLA SHARIFF,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 25503 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI. ANSARULLA SHARIFF

S/O UBEDULLA SHARIFF,

AGED ABOUT 53 YEARS,

R/AT KYALANURU VILLAGE,

VEMAGAL HOBLI,

KOLAR TALUK - 563 157.

2.

SMT. RAHAMATHUNNISSA

D/O LATE ABDUL RAZACK,

W/O UBEDULLA SHARIFF,

AGED ABOUT 83 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK,

CHIKKABALLAPUR DISTRICT

PRESENTLY R/AT NO. 16/6,

3RD CROSS, DR. T.C.M, RAYAN ROAD,

BANGALORE-53.

…PETITIONERS

(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

AND:

1.

SMT. ZAREEN TAJ

W/O LATE RAHAMATH ULLA,

AGED ABOUT 65 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

2.

SRI. A. MASTAN SAB

S/O LATE ABDUL KHUDDUS,

AGED ABOUT 77 YEARS,

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI,

CHINTAMANI TALUK.

3.

SRI. A. ABDUL AZEEZ

S/O LATE ABDUL KHUDDUS,

AGED ABOUT 75 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

4.

SMT. HASEEN TAJ

D/O LATE ABDUL KHUDDUS,

AGED ABOUT 62 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

5.

SRI. J. SUBBARAYA SHETTY

S/O J.S. KRISHNA MURTHY SHETTY,

AGED ABOUT 75 YEARS,

C/O ESHANYA, NEAR B.D.O. OFFICE,

BANGALORE ROAD, CHINTAMANI TOWN.

LATE SABDAR BEIG

(SINCE DECEASED REPRESENTED BY HIS LRS)

6.

SMT. SHAHIDA BEGUM

W/O LATE SABDAR BEIG,

AGED ABOUT 60 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK

7.

SRI. ASADULLA BEIG

S/O LATE SABDAR BEIG,

AGED ABOUT 48 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

8.

SMT. DR. KISHWER JEHAN BEGUM

W/O DR. AFTAB BAIG,

D/O LATE DR. SAFDER BAIG,

AGED ABOUT 42 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

HC-KAR

9.

SMT.DR. KHYSER JEHAN BEGUM

W/O DR. MOHAMMED TANVEER ULLA KHAN,

D/O LATE SAFDER BAIG,

AGED ABOUT 36 YEARS,

R/AT 2ND FLOOR, SHAHED COMPLEX,

NEAR ANJANI THEATRE, N.R. EXTENSION,

CHINTAMANI - 563125.

10.

SMT. DR. KAUSAR JEHAN BEGUM

W/O DR. MOHAMMED IMRAN,

D/O LATE DR. SAFDER BAIG

AGED ABOUT 33 YEARS,

R/AT II FLOOR, SHAHED COMPLEX,

NEAR ANJANI THEATRE, N.R. EXTENSION,

CHINTAMANI CITY- 563 125.

11.

SMT. DR. KAUSAR JEHAN BEGUM

W/O DR. MOHAMMED IMRAN,

D/O LATE DR. SAFDER BAIG

AGED ABOUT 33 YEARS,

R/AT D2, 204, MAZYAD VILLAGE,

ABUDHABI, UAE-NO.307501.

12.

SRI. SYED MEHABOOB

S/O SYED DASTAGIR,

AGED ABOUT 71 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

LATE SYED RAWOOF

(SINCE DECEASED REPRESENTED BY HIS LRS)

13.

SMT. ZAREEN TAJ

W/O LATE SYED RAWOOF,

AGED ABOUT 40 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK

14.

SRI. SYED IRFAN

S/O LATE SYED RAWOOF,

AGED ABOUT 20 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

HC-KAR

15.

SMT. MEHR TAJ

D/O SYED SARDAR,

AGED ABOUT 45 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK

16.

SRI. SYED IBRAHIM

S/O SYED DASTAGIR

AGED ABOUT 50 YEARS

R/AT CHINNASANDRA VILLAGE

KASABA HOBLI, CHINTAMANI TALUK

SRI. SYED USMAN

(SINCE DECEASED REPRESENTED BY HIS LRS)

17.

SMT. ZAREEN TAJ

W/O LATE SYED USMAN,

AGED ABOUT 51 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK

18.

SRI. IMRAN

S/O LATE SYED USMAN,

AGED ABOUT 30 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

19.

SRI. SYED RAZAK

S/O LATE SYED DASTAGIR

AGED ABOUT 60 YEARS

R/AT CHINNASANDRA VILLAGE

KASABA HOBLI, CHINTAMANI TALUK

20.

SMT. JAIBUNNISSA @ MUSHAR

W/O GULAB JAN,

AGED ABOUT 45 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

21.

SRI. AFSAR PASHA

S/O GHOUSE SHARIEFF

AGED ABOUT 60 YEARS,

R/AT CHINNASANDRA VILLAGE

KASABA HOBLI, CHINTAMANI TALUK

HC-KAR

22.

SMT. RUBIYA

W/O LATE ABDUL MASZID,

AGED ABOUT 57 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

23.

SMT. SHAHANAZ

W/O LATE FAYAZ PASHA,

AGED ABOUT 52 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

24.

SRI. SABEER PASHA

S/O LATE MOHAMMED JAFER,

AGED ABOUT 50 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

25.

SRI. MOHIDDIN PASHA

S/O LATE MOHAMMED JAFER,

AGED ABOUT 50 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

26.

SRI. SHAKEER PASHA

S/O LATE MOHAMMED JAFER,

AGED ABOUT 48 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

27.

SRI. RAMANJI

S/O VENKATARAVANAPPA,

AGED ABOUT 45 YEARS,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

28.

SRI. KRISHNAREDDY

S/O OBIREDDY,

AGED MAJOR,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI, CHINTAMANI TALUK.

29.

SRI. ANJINAPPA

AGED MAJOR,

HC-KAR

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI,

CHINTAMANI TALUK.

30.

SRI. NARAYANASWAMY

S/O KADIREPPA,

AGED MAJOR,

R/AT CHINNASANDRA VILLAGE,

KASABA HOBLI,

CHINTAMANI TALUK.

…RESPONDENTS

(BY

SRI.

M.

MADHUSUDAN,

ADVOCATE

FOR

SRI.

V.

VISWANATHSETTY, ADVOCATE FOR RESPONDENT NO.5; SRI. P.S.BABU NARAYANA, ADVOCATE FOR RESPONDENT NO.7; VIDE ORDER DATED 23.09.2026, NOTICE TO RESPONDENT NOS.1

TO 4, 6, 8 TO 30 IS DISPENSED WITH)

THIS

WP

IS

FILED

UNDER

ARTICLE

OF

THE

CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER

DATED 16.07.2026 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI IN OS.NO.37/2015, IN SO FAR AS IT REJECTS THE IA

NO. 21/2026 VIDE ANNEXURE-A AND THEREBY ALLOW THE L.A.

NO.21/2026 FILED BY PETITIONER IN O.S. NO.37/2015, VIDE

ANNEXURE-H.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORAL ORDER

Heard Sri.Shivaprasad Shantanagoudar, learned counsel for the petitioners and Sri.M.Madhusudan, advocate for Sri.V.Viswanathsetty, learned counsel for respondent No.5 as well as Sri. P.S.Babu Narayana, learned counsel for caveator/ respondent No.7.

HC-KAR

2. This petition is filed impugning the order dated 16.07.2026 passed in O.S.No.37/2015 on I.A.No.21/2026, filed under Order III Rule 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), seeking permission for the Special Power of Attorney (hereinafter referred to as ‘SPA’) holder to conduct the suit. In view of its earlier order dated 28.03.2019, the Trial Court rejected the said application.

3. Learned counsel appearing for the petitioners, inviting the attention of this Court to Annexures-F and F1, being the memo filed by the Court Commissioner along with the report, submits that the Court Commissioner was appointed for recording the evidence of the plaintiff. It is submitted that, due to the ill- health of petitioner No.2/plaintiff, permission to the SPA holder is necessary in view of the changed circumstances.

4. Sri. V. Vishwanathsetty, learned counsel, undertakes to file vakalath for respondent No.5. Sri. P.S. Babu Narayana, learned counsel, appears for the caveator/respondent No.7. Considering the limited issue involved in the present case, notice to the other respondents is dispensed with.

HC-KAR

5. Considered the submissions made by the learned counsel for the petitioners and the respondents.

6. The Trial Court rejected the application mainly on the basis of its earlier order dated 28.03.2019, whereby an application seeking a similar relief had been rejected. The Trial Court, however, has not considered the changed circumstances necessitating the filing of the present application. Considering that the plaintiff was unable to enter the witness box, the Trial Court had permitted the appointment of a Court Commissioner for recording the evidence of the plaintiff. The Court Commissioner, as per Annexure-F1, has submitted a report stating that petitioner No.2/plaintiff is unable to speak and, therefore, the oath could not be administered to her.

7. The aforesaid compelling changed circumstances, necessitating the filing of the present application, have not been considered by the Trial Court. In view of the report submitted by the Court Commissioner, as per Annexure-F1, the order rejecting the application filed under Order III Rule 2 of

HC-KAR

the CPC cannot be sustained. This Court is, therefore, inclined to entertain the present petition.

8. Accordingly, the following order:

ORDER

i. The petition is allowed; ii. The impugned order dated 16.07.2026 in O.S.No.37/2015, is hereby set aside; iii. I.A.No.21/2026 filed by the plaintiff under Order III Rule 2(a) the Code of Civil Procedure, 1908, is hereby allowed.

Sd/- (K. V. ARAVIND) JUDGE

BKN List No.: 1 Sl No.: 5

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead