The High Court held that a writ petition under Article 226 is not maintainable to challenge the final decree of the First Additional Civil Judge and JMFC in a family dispute matter. The court directed the petitioner to file an appeal.
The writ petition is dismissed as not maintainable; the petitioner is directed to file an appropriate appeal.
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.
NC: 2024:KHC:42262 WP No. 10872 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 10872 OF 2024 (GM-CPC)
BETWEEN:
SRI. SYED MOULANA SON OF LATE SYED KHALEEL SHA AGED ABOUT 49 YEARS RESIDING AT LAKKUR VILLAGE NELAMANGALA TALUK 560 102. BENGALURU RURAL DISTRICT (BY SRI. FAYAZ SAB B G., ADVOCATE)
…PETITIONER
AND:
SMT. SHARFUNNISA WIFE OF LATE SYED SADIQ PASHA AGED ABOUT 64 YEARS
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
SRI. SYED SHAHID PASHA SON OF LATE SYED SADIQ PASHA (SINCE DEAD NO LRS)
SRI. SYED IRSHAD PASHA SON OF LATE SYED SADIQ PASHA (SINCE DEAD NO LRS)
All ARE RESIDING AT NO. 20, BANASHANKARI 2ND STAGE 34TH CROSS, 9TH MAIN ROAD BANGALORE 560 070.
SRI.SYED JALLEL PASHA SINCE DEAD BY HIS LRS
SRI. SYED SHUJATH PASHA SON OF LATE SYED ZIAULLA PASHAH SINCE DEAD BY HIS LRS
SMT. AKHILA D/O LATE SYED JALEEL SHA, SINCE DEAD BY HER LRS
SRI. AMJAD SON OF AKHILA SINCE DEAD BY HER LRS
AGED ABOUT 56 YEARS,
ALL ARE RESIDING AT 3RD CROSS, NO.114 34TH CROSS, YARAB NAGAR BANASHANKARI 2ND STAGE BENGALURU 569 070.
SMT GULNAZ
D/O LATE SYED JALEEL SHA, SINCE DEAD BY HER LRS
ALL ARE RESIDING AT FLAT NO. H-604 POORVA APARMENT, KOTTANOOR CROSS BENGALURU 560 077.
RESIDING AT 3RD CROSS, 9TH MAIN ROAD, YARABNAGAR BANASHANKARI 2ND STAGE, YARAB NAGAR, BENGALURU 560 070.
SYED KHURSHID SHA SON OF LATE USMAN SHA SINCE DEAD BY HIS LRS
SRI. SYED ASIF PASHA SON OF LATE SYED KHURSHID SHA SINCE DEAD BY HIS LRS
ALL ARE RESIDING AT HINDUSTAN ENTERPRISES SATYANARAYANA COMPLEX N.H-4, NEAR BUS STAND DABASPET, SOMPURA HOBLI NELMANGALA TALUK-560 102, BANGALORE RURAL DISTRICT.
SMT. YASMEEN TAJ D/O LATE SYED KHURSHEED SHAH SINCE DEAD BY HER LRS
AGED ABOUT 23 YEARS,
ALL ARE RESIDING AT NO. 2 2ND CROSS, ANNIPURA SUDHAM NAGAR BENGALURU 560 077.
ALL ARE RESIDING AT HINDUSTAN ENTERPRISES SATYANARAYANA COMPLEX, N.H-4, NEAR BUS STAND DABASPET, SOMPURA HOBLI NELMANGALA TALUK 560 102. BANGALORE RURAL DISTRICT.
SRI. SYED KHALEEL SHAH SON OF LATE SYED USMAN SHA SINCE DEAD BY HIS LRS
SMT. NAZMUNNISA D/O LATE SYED KHALEEL SHAH SINCE DEAD BY HER LRS
ALL ARE RESIDING AT NO.132, 10TH CROSS PH COLONY, TUMAKURU 572102.38.
ALL ARE RESIDING AT LAKKUR VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK 560102 BENGALURU RURAL DISTRICT.
SRI NOORULLA SHA SON OF LATE SYED KHALEEL SHAH, SINCE DEAD BY HIS LRS.,
ALL ARE RESIDING AT MUTTON MARKET, ASAN MOHALLA, SIRA TOWN, SIRA TALUK, TUMAKURU DISTRICT 573 201.
…RESPONDENTS
(BY SRI.D.S.JAYARAJ, ADVOCATE FOR CAVEATOR/RESPONDENT NOS.8 AND 21)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.02.2024 PASSED IN FDP NO. 1/2007 ON THE FILE OF I ADDL CIVIL JUDGE AND JMFC AT NELAMANGALA WHEREIN THE REPORT OF THE COURT COMMISSIONER IS ACCEPTED AND FURTHER ORDERED TO DRAW FINAL DECREE ACCORDINGLY WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has challenged an order dated 26.02.2024 passed by the I Additional Civil Judge and JMFC, Nelamangala (henceforth referred to as 'final decree Court') in FDP No.1/2007 by which the final decree Court accepted the report of the Commissioner and ordered drawing up of a final decree.
NC: 2024:KHC:42262 WP No. 10872 of 2024
petitioner to file an appropriate appeal challenging the
impugned order.
impugned order to the learned counsel for the petitioner after retaining a photocopy of the same.
pursuing this writ petition shall be deducted while calculating limitation applicable to an appeal.
Sd/(R. NATARAJ) JUDGE
PMR
List No.: 1 Sl No.: 48
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable to challenge the final decree passed in a Family Court suit.
Whether the Constitution Article 227 confers jurisdiction to interfere with a final decree.
2 provisions across 1 enactments
Sri. Syed Moulna Son of Late Syed Khaleel Sha
Smt. Sharfunnisa Wife of Late Syed Sadiq Pasha
Sri. Syed Shahid Pasha Son of Late Syed Sadiq Pasha
Sri. Syed Irshad Pasha Son of Late Syed Sadiq Pasha
Sri. Syed Sajjad Pasha Son of Late Syed Sadiq Pasha
Smt. Nazieema Begum W/o Late Syed Ziaulla Shah
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
