The Court disposed of an appeal filed against a judgment dismissing a partition suit. The Trial Court had held the suit not maintainable under Mohammedan law while the father was alive. The Court allowed the appellants to seek appropriate relief in view of the father's subsequent death.
Liberty to seek appropriate relief before the appropriate Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.F.A.NO.447/2007 (PAR)
BETWEEN:
ZAHEER AHMED S/O M. ABDUL KAREEM AGED ABOUT 31 YEARS RESIDING AT NO.8 BENSON ROAD, BENSON TOWN BENGALURU – 560 046. … APPELLANT
[BY SRI V.F.KUMAR, ADVOCATE (THROUGH VC)]
AND:
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ALL ARE RESIDING AT NO.8, BENSON ROAD, BENSON TOWN BENGALURU-560 046. … RESPONDENTS
[RESPONDENT Nos.1 TO 9 ARE SERVED AND UNREPRESENTED]
THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 08.11.2006 PASSED IN O.S.NO.2916/2001 ON THE FILE OF PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT AS NOT MAINTAINABLE.
THIS R.F.A. COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
This appeal is filed by the appellant/plaintiff challenging the Judgment and Decree dated 08.11.2006 passed in O.S.No.2916/2001 on the file of Principal City Civil and Sessions Judge at Bengaluru (‘the Trial Court for short), dismissing the suit filed for the relief of partition.
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by the grandfather of the appellant does not speaks anything on the benefit.
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the said memo cannot be accepted since the Court has to take note of the law of succession while granting the decree. Since defendant No.1 is alive, it is also clear that under the Mohammedan law during the lifetime of the father, the suit cannot be filed either by the plaintiff or by other defendants. However, taking into note of the submissions of the learned counsel for the appellant that the father is no more and hence, succession opens. Under the circumstances, the parties have given liberty to seek appropriate relief before the appropriate Court in view of death of the father. The earlier judgment will not come in the way of seeking the relief in view of succession opens.
of.
Sd/JUDGE
cp*
2 issues framed by the court
Whether the dismissal of a partition suit challenging maintenance of the action during the lifetime of a father under Mohammedan law.
Whether the suit is maintainable given the death of the father and opening of succession.
Zaheer Ahmed
M. Abdul Kareem
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
