Case details

Court: Karnataka High Court · Principal Bench, Bengaluru
Decided: 22 September 2026
Bench: Pradeep Singh Yerur
Citations: 2026:KHC:52316
Case number: MFA/1582/2016
CNR: KAHC010223292016
Type: Judgment (DISPOSED)

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CNR: KAHC010223292016, case MFA/1582/2016 (search it on the eCourts High Court services website (CNR Number tab))

Karnataka High Court

MFA/1582/2016 of SMT MUSHKARIYAMMA Vs SRI ABDUL PASHA on 22 September 2026

Cites 0, Cited by 0

CNR: KAHC010223292016 NC: 2026:KHC:52316 MFA No. 1582 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1582 OF 2016 (CPC) BETWEEN: 1. SMT MUSHKARIYAMMA W/O LATE

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 1582 OF 2016 (CPC)

BETWEEN:

SMT MUSHKARIYAMMA

W/O LATE NAZEER

AGED ABOUT 57 YEARS

SRI. JAHEED BASHA

S/O LATE NAZEER

AGED ABOUT 46 YEARS,

SRI. MEHABBOB PASHA

S/O LATE NAZEER

AGED ABOUT 43 YEARS

SMT. HASINA TAJ

D/O LATE NAZEER

AGED ABOUT 41 YEARS

SRI. AZAM PASHA

S/O LATE NAZEER

AGED ABOUT 39 YEARS

SRI. YARAB PASHA

S/O LATE NAZEER

AGED ABOUT 37 YEARS

Digitally

signed by

VINUTHA M

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

SRI. AKBAR PASHA

S/O LATE NAZEER

AGED ABOUT 38 YEARS

SRI. SHAMSHID BASHA

S/O LATE NAZEER

AGED ABOUT 33 YEARS

SRI HUSSAIN

S/O LATE ABDUL SATTAR SAB

AGED ABOUT 70 YEARS

10.

SMT. SHAMEEM TAJ

W/O LATE RAHEEM

AGED ABOUT 56 YEARS

11.

SRI. SALEEM PASHA

S/O LATE RAHEEM

AGED ABOUT 43 YEARS

12.

SMT. SAMEERA TAJ

D/O LATE RAHEEM

AGED ABOUT 42 YEARS

13.

SRI. MUHEED PASHA

S/O LATE RAHEEM

AGED ABOUT 41 YEARS

14.

SRI. TABREZ PASHA

S/O LATE RAHEEM

AGED ABOUT 40 YEARS

15.

SMT. UMER TAJ

D/O LATE RAHEEM

AGED ABOUT 39 YEARS,

HC-KAR

16.

SRI. AHMED SAB

S/O LATE ABDUL SATTAR SAB

AGED ABOUT 57 YEARS

17.

SMT SABIRA

W/O LATE CHAND PASHA

AGED ABOUT 43 YEARS

18.

SRI. UMRAZ

S/O LATE CHAND PASHA

AGED ABOUT 32 YEARS

19.

SMT SABINA

D/O LATE CHAND PASHA

AGED ABOUT 28 YEARS

20.

SRI. AMEER

S/O LATE CHAND PASHA

AGED ABOUT 22 YEARS

21.

SMT. SHAZAD

D/O LATE ABDUL SATTAR SAB

AGED ABOUT 46 YEARS

22.

SMT DILSHAD

D/O LATE ABDUL SATTAR SAB,

AGED ABOUT 43 YEARS

23.

SMT GULAB JAN

D/O LATE ABDUL SATTAR SAB,

AGED ABOUT 41 YEARS

24.

SMT SHAHTAJ

S/O LATE ABDUL SATTAR SAB,

AGED ABOUT 39 YEARS

HC-KAR

25.

SRI ABDUL GANI

S/O LATE CHIKKASATTAR,

AGED ABOUT 69 YEARS

26.

SMT CHOTIBI

D/O LATE CHIKKASATTAR,

AGED ABOUT 64 YEARS

27.

SRI ASLAM PASHA

S/O LATE ABDUL SAB

AGED ABOUT 64 YEARS

28.

SRI AKRAM PASHA S/O LATE ABDUL SAB

SINCE DECEASED ON 04.09.2021, REP BY LRS

28A.

SMT. KUSHEED

W/O. AKRAM PASHA

AGED ABOUT 62 YEARS

28B.

MEHABOOB PASHA

S/O. AKRAM PASHA

AGED ABOUT 35 YEARS

28C.

KHALIL

S/O. AKRAM PASHA

AGED ABOUT 28 YEARS

R/AT NALAGALLI, HOSAKOTE

BANGALORE RURAL - 562 114

29.

SRI NISAR PASHA

S/O LATE ABDUL SAB

AGED ABOUT 59 YEARS

HC-KAR

30.

SRI SHAMSHID

S/O LATE ABDUL SAB

AGED ABOUT 33 YEARS

31.

SMT JABEEN TAJ

D/O LATE ABDUL SATTAR SAB

AGED ABOUT 46 YEARS

APPELLANTS NO.1 TO 31 ARE

R/AT NALAGALLI, HOSAKOTE TOWN

BANGALORE RURAL DISTRICT

BANGALORE - 562 122 AND THEY ARE REP.

BY THEIR G.P.A. HOLDERS I.E., APPELLANTS NO.32

AND 33

32.

SRI. HEMANTH KUMAR

S/O MYNE GOWDA,

AGED ABOUT 36 YEARS

R/AT BHEEMAKANAHALLI,

HOSAKOTE TALUK,

BANGALORE - 562 122

33.

SRI GURUSWAMY

S/O LATE VENKATAPPA,

AGED ABOUT 64 YEARS

R/AT NO.39, MANJUNATHA LAYOUT,

ANANDAPURA, T.C. PALYA POST,

K.R. PURAM, BANGALORE-560 036

…APPELLANTS

(BY SRI. C.S. PRASANNA KUMAR, ADVOCATE)

AND:

SRI ABDUL PASHA

S/O LATE BASHA,

AGED ABOUT 44 YEARS

HC-KAR

SRI MAHABOOB PASHA

S/O LATE BASHA,

AGED ABOUT 39 YEARS

SRI ALAM PASHA

S/O LATE BASHA,

AGED ABOUT 36 YEARS

SMT RASHEEDA BANU @ RASHEEDA

W/O LATE ANWAR,

AGED ABOUT 55 YEARS

SRI NAYEEM PASHA

S/O LATE ANWAR,

AGED ABOUT 34 YEARS

SRI NADEEM PASHA

S/O LATE ANWAR,

AGED ABOUT 32 YEARS

RESPONDENTS NO.1 TO 6 ARE

R/AT AVALAHALLI VILLAGE,

NEAR JAMES SCHOOL, BIDARAHALLI HOBLI,

BANGALORE EAST TALUK,

BANGALORE - 560 049

SRI N SHIVAKUMAR

S/O NARAYANASWAMY,

AGED ABOUT 28 YEARS

R/AT SHIVA KRUPA,10TH CROSS,

CAUVERY LAYOUT, MARATHALLI,

BEHIND MULTIPLES THEATRE,

BANGALORE - 560 037

HC-KAR

SRI NAGAMANJU

S/O NAGARAJU

AGED ABOUT 26 YEARS,

R/AT THIRUMALASETTY HALLI,

HOSAKOTE TALUK,

BANGALORE RURAL DISTRICT

BANGALORE - 562 122

SRI RAVISAGARNAIDU

S/O NARASIAH,

AGED ABOUT 34 YEARS

R/AT AVALAHALLI VILLAGE,

VIRGO NAGAR POST,

BANGALORE - 560 026

…RESPONDENTS

(BY SRI. R. ANIL KUMAR, ADVOCATE FOR R1 & R3

SRI. BHADRINATH R., ADVOCATE FOR R2

SRI. T.N. VISHWANATH, ADVOCATE FOR R4 TO R6

SRI. B.K. MANOHAR, ADVOCATE FOR R7 TO R9)

THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST

THE ORDER DATED 01.02.2015 PASSED ON IA NO.1 IN O.S

NO.1116/2015 ON THE FILE OF THE II ADDITIONAL SENIOR

CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

HC-KAR

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ORAL JUDGMENT

This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026.

2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned District Court for adjudication of the matter from the stage where it is stopped.

3. Accordingly, I pass the following:

HC-KAR

O R D E R

i) The appeal stands disposed of for statistical purposes. ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction.

iii) In case there are pending applications, the same also be transferred to be considered by the learned Judge of the concerned Appellate Court, in accordance with law.

iv) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court.

HC-KAR

v) Learned counsel for appellants and learned counsel for the respondents are present. Hence, the parties shall appear before the learned District Judge on 26.10.2026 without awaiting further notice.

Sd/- (PRADEEP SINGH YERUR) JUDGE

RCK List No.: 1 Sl No.: 49