Mrs Muqbul Jan Mushataq Ahamed Vs Smt Chowdamma

MRS̤ MUQBUL JAN MUSHATAQ AHAMED AGED ABOUT 48 YEARS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O MUSHATAQ AHAMED RESIDING AT NO.4/13, S.C.COLONY, BAGALUR, HOSUR, BAGALUR, KRISHNAGIRI, TAMIL NADU – 635 103

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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MR GULABJAN ANSAR AGED ABOUT 44YERS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O ANSARA R/ATNO 1284/C, RAHAMED NAGAR BERIGAL HOSUR, BERIGAI, HOSUR, KRISHNAGIRI, TAMIL NADU – 635 103.

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MR NUSRATH JAN NOORBASHA AGED ABOUT 43 YEARS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O NOORBASHA R/AT NO. 3/113, M.G.ROAD, KOTTAI, HOSUR, BAGJALUR

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NC: 2025:KHC:44571 MFA No. 1840 of 2025 C/W MFA No. 1868 of 2025

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2 -

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HC-KAR

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KIRSHNAGIRI, TAMIL NADU – 635 103

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MR. SYED KALEEM UDDIN AMEENUDDIN AGED ABOUT 38 YEARS GRAND-SON OF S/O AMEENUDDIN R/ATNO 2/281, THERAPATTI, BAGALUR, HOSUR, KRISHNAGIRI TAMIL NADU - 635 103

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PLAINTIFF NO.1 TO 4 ARE REPRESENTED BY GPA HOLDER SRI. SHARAN BASAVA S/O NAGESHWAR RAO ABOUT 42 YEARS AGED R/AT MADYA CAMP, THRUVI HALA RAYACHOORU, KARNATAKA - 584 101.

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…APPELLANTS

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(BY SRI. PRASANNA V R., ADVOCATE)

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AND:

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SMT CHOWDAMMA W/O VENKATAPPA @ VENKATA REDDY AGED ABOUT 79 YEARS

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SRI CHANDRA REDDY S/O VENKATAPPA @ VENKATA REDDY AGED ABOUT 63YEARS

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SMT PARVATHAMAM W/O CHANDRA REDDY AGED ABOUT 63 YEARS

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MS. PRAFUL S/O CHANDRA REDDY AGED ABOUT 28 YERARS

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SRI. NARAYANA SWAMY S/O VENKATAPPA @

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HC-KAR

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VENKATA REDDY AGED ABOUT 58YEARS

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SRI. PRAKASH REDDY VENKATAPPA @ VENKATA REDDY AGED ABOUT 53 YEARS

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SMT. KUSUMA W/O PRAKASH REDDY AGED ABOUT 40YEARS

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MS. AKSHITHA AGED ABOUT 17 YEARS D/O PRAKASH REDDY

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MS. CHANDRIKA AGED ABOUT 13 YEARS D/O PRAKASH REDDY

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MASTER CHANDRASHEKAR AGED ABOUT 13 YEARS S/O PRAKASH REDDY DEFENDANT NO.8 ,9&10 SINCE THEY ARE MINORS THEY ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN DEFENDANT NO. 6

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SRI. LINGESH AGED ABOUT 47 YEARS VENKATAPPA @ VENKATA REDDY

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SMT. SAVITHA AGED ABOUT 38 YEARS W/O LINGESH

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KUM YASHASWINI AGED ABOUT 16 YEARS D/O SRI. LINGESH

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HC-KAR

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SINCE MINOR REP BY HER FATHER AND NATURAL GURADIAN SRI. LINGESH DEFENDANTS NO.1 TO 13 ARE RESIDING AT NO.18 HOSAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 561 203.

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SRI. P. BERTHALOMEO AGED ABOUT 51 YEARS, S/O PHILOMENARAJ RESIDING AT NO.272, 5^TH MAIN, 6^TH CROSS, KAMMANAHALLI, BENGALURU – 560 084.

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SRI. S. AKARSHA S/O LATE VENKATSWAMY REDDY AGED ABOUT 43 YEARS OFFICE AT NO.25, V CROSS, V BLOCK, KORAMANGALA, BENGALURU – 560 095.

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SRI. V. SRINIVASA REDDY S/O LATE VENKATASWAMY REDDY AGED ABOUT 50 YEARS, RESIDING AT NO.183, DODDAKANNELLI, CARMALARAM POST, SARJAPURA MAIN ROAD, BENGALURU – 560 035.

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SMT. NANIDI ALVA AGED ABOUT 61 YEARS W/O LATE DR.JEEVARAJ ALVA RESIDING AT NO.24/10 M.M.REDDY, MARIYANNA PALYA, H.A.FARM POST, BENGALURU – 560 024

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…RESPONDENTS

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(BY SRI.SRINIVASA.K.N, ADVOCATE FOR R15)

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HC-KAR

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THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.11.2024 PASSED ON I.A.NO.4 IN OS.NO.1192/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, JMFC, ANEKAL, DISMISSING THE I.A.NO.4 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

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IN MFA NO.1868/2025:

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BETWEEN:

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MRS̤ MUQBUL JAN MUSHATAQ AHAMED AGED ABOUT 48 YEARS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O MUSHATAQ AHAMED RESIDING AT NO.4/13, S.C.COLONY, BAGALUR, HOSUR, BAGALUR, KRISHNAGIRI, TAMIL NADU – 635 103

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MR GULABJAN ANSAR AGED ABOUT 44YERS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O ANSARA R/ATNO 1284/C, RAHAMED NAGAR, BERIGAL HOSUR, BERIGAI, HOSUR, KRISHNAGIRI, TAMIL NADU – 635 103.

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MR NUSRATH JAN NOORBASHA AGED ABOUT 43 YEARS GRAND-DAUGHTER OF LATE MOHADDIN B @ HAJEERABI W/O NOORBASHA R/AT NO. 3/113, M.G. ROAD KOTTAI, HOSUR, BAGJALUR, KIRSHNAGIRI, TAMIL NADU – 635 103

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MR. SYED KALEEM UDDIN AMEENUDDIN

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HC-KAR

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AGED ABOUT 38 YEARS GRAND-SON OF S/O AMEENUDDIN R/ATNO 2/281, THERAPATTI, BAGALUR, HOSUR, KRISHNAGIRI TAMIL NADU 635 103

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PLINTIFF NO.1 TO 4 ARE REPRESENTED BY GPA HOLDER SRI. SHARAN BASAVA S/O NAGESHWAR RAO ABOUT 42 YEARS AGED R/AT MADYA CAMP, THRUVI HALA RAYACHOORU, KARNATAKA - 584 101.

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…APPELLANTS

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(BY SRI. PRASANNA V.R, ADVOCATE)

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AND:

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SMT CHOWDAMMA W/O VENKATAPPA @ VENKATA REDDY AGED ABOUT 79 YEARS

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SRI CHANDRA REDDY S/O VENKATAPPA @ VENKATA REDDY AGED ABOUT 63YEARS

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SMT PARVATHAMAM W/O CHANDRA REDDY AGED ABOUT 63 YEARS

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MS. PRAFUL S/O CHANDRA REDDY AGEDABOUT 28 YERARS

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SRI. NARAYANA SWAMY S/O VENKATAPPA @ VENKATA REDDY AGED ABOUT 58 YEARS

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SRI. PRAKASH REDDY

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HC-KAR

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VENKATAPPA @ VENKATA REDDY AGED ABOUT 53 YEARS

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SMT. KUSUMA W/O PRAKASH REDDY AGED ABOUT 40YEARS

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MS. AKSHITHA AGED ABOUT 17 YEARS D/O PRAKASH REDDY

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MS. CHANDRIKA AGED ABOUT 13 YEARS D/O PRAKASH REDDY

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MASTER CHANDRASHEKAR AGED ABOUT 13 YEARS S/O PRAKASH REDDY DEFENDANT NO.8 ,9&10 SINCE THEY ARE MINORS THEY ARE REPRESENTED BY THEIR FATHER AND NATURAL GUARDIAN DEFENDANT NO. 6

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SRI. LINGESH AGED ABOUT 47 YEARS VENKATAPPA @ VENKATA REDDY

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SMT. SAVITHA AGED ABOUT 38 YEARS W/O LINGESH

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KUM YASHASWINI AGED ABOUT 16 YEARS D/O SRI. LINGESH SINCE MINOR REP BY HER FATHER AND NATURAL GURADIAN SRI. LINGESH

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HC-KAR

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DEFENDANTS NO.1 TO 13 ARE RESIDING AT NO.18 HOSAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 561 203.

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SRI. P. BERTHALOMEO AGED ABOUT 51 YEARS, S/O PHILOMENARAJ RESIDING AT NO.272, 5^TH MAIN, 6^TH CROSS, KAMMANAHALLI, BENGALURU – 560 084.

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SRI. S. AKARSHA S/O LATE VENKATSWAMY REDDY AGED ABOUT 43 YEARS OFFICE AT NO.25, V CROSS, V BLOCK, KORAMANGALA, BENGALURU – 560 095.

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SRI. V. SRINIVASA REDDY S/O LATE VENKATASWAMY REDDY AGED ABOUT 50 YEARS, RESIDING AT NO.183, DODDAKANNELLI, CARMALARAM POST, SARJAPURA MAIN ROAD, BENGALURU – 560 035.

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SMT. NANIDI ALVA AGED ABOUT 61 YEARS W/O LATE DR.JEEVARAJ ALVA RESIDING AT NO.24/10 M.M.REDDY, MARIYANNA PALYA, H.A.FARM POST, BENGALURU – 560 024

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…RESPONDENTS

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(BY SRI.SRINIVASA.K.N, ADVOCATE FOR R15)

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

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HC-KAR

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THE ORDER DT.22.11.2024 PASSED ON IA NO.3 IN O.S.NO.1192/2024 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, DISMISSING IA NO.3 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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MFA No.1840/2025 is filed by the plaintiffs questioning the order dated 22.11.2024 passed by the Court of II Addl. Senior Civil Judge and JMFC, at Anekal, in O.S.No.1192/2024 on I.A.No.IV filed under Order XXXIX

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Rule 1 and 2 of CPC, thereby, the application filed for restraining the defendant Nos.14 to 17 from changing the nature of suit schedule property is dismissed.

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MFA No.1868/2025 is filed by the plaintiffs questioning the order dated 22.11.2024 passed by the Court of II Addl. Senior Civil Judge and JMFC, at Anekal, in O.S.No.1192/2024 on I.A.No.III filed under Order XXXIX Rule 1 and 2 of CPC, thereby, the application filed for restraining the defendant Nos.14 to 17 from interfering

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HC-KAR

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with the possession of plaintiffs over the suit schedule property is dismissed.

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As per the pleadings in plaint and the written statement originally suit schedule property was belonging to Abdul Kudas being the owner of land to the extent of 6 acres 37 guntas in Sy.No.80 having purchased the same through registered sale deed dated 05.04.2020. Thereafter the said Abdul Kudas sold the entire property 6 acres 37 guntas in favour Abdul Khadar Sab through registered sale deed dated 27.02.1922. On 02.02.1938 one Hajeerabi purchased 3 acres 18½ guntas from Abdul Khan towards eastern side. It is the case of plaintiffs that Hajeerabi purchased the entire extent of 6 acres 37 guntas in Sy.No.80, but according to the defendants the plaintiffs’ grandmother namely Hajeerabi purchased only half portion of Sy.No.80, which is 3 acres 18½ guntas towards eastern side.

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HC-KAR

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The learned counsel for the defendants

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produced the sale deed of the year 1937, in which the recital is towards eastern side 3 acres 18½ guntas which was sold out to Hajeerabi. When Hajeerabi had become defaulter of land revenue, therefore Government has put the said land i.e., eastern portion of Sy.No.80 into auction and one Patel Siddha Reddy was successful bidder of the said property, but reconfirmed the land in favour of Hajeerabi.

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It is the case of defendants that their grandfather Mohammad Khan, S/o.Jhon Khan retained the western half portion to the extent of 3 acres 18½ guntas. Therefore, prima facie it is revealed that Hajeerabi had purchased and had become the owner and had title only to the eastern side to the extent 3 acres 18½ guntas. The defendants have produced prima facie materials to show that Hajeerabi had purchased only half extent of 6 acres 37 guntas i.e., towards eastern side. Therefore, the defendants have prima facie shown that Mohammed Khan

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HC-KAR

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retained the western half portion to the extent of 3 acres 18½ guntas. Thereafterwards, the land in Sy.No.80 was divided into Sy.Nos.80/1 and 80/2. The eastern side of extent was numbered as Sy.No.80/1, which was purchased by Hajeerabi and western side property retained by Mohamed Khan was phoded and assigned number as Sy.No.80/2. Thereafter the western portion of the property, which is Sy.No.80/2 was sold to one Papareddy and Mankaiah. One Venkata Reddy was the brother of Papareddy and there was partition as per panchayat parikhat dated 13.06.1987.

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The defendant Nos.1 to 13 along with Venkata

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Reddy sold suit property to defendant No.14 through registered sale deed dated 16.04.2010. Therefore, from the materials produced by the defendants of various sale deeds prima facie shows that the plaintiff's grandmother namely, Hajeerabi had become the owner of only to the half extent of 3 acres 18½ guntas towards eastern side, but the plaintiffs are claiming that Hajeerabi had

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HC-KAR

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purchased the entire extent 6 acres 18 guntas, for which the plaintiffs have not produced any prima facie materials, whereas the defendants have produced the sale deeds that the Hajeerabi had purchased only half portion towards eastern side to the extent of 3 acres 18½ guntas. Therefore, this is rightly appreciated by the trial court that the plaintiffs fails to make out prima facie case and balance of convenience, whereas the defendants shown that the land was sold out to Wipro Limited and thereafter M.R.Shobha through an exchange deed. Therefore, the plaintiffs prima facie has not shown who is in possession over the suit schedule property. Therefore, on the basis of material produced by both the sides the trial court has correctly assessed and observed that plaintiffs fails to make out prima facie case.

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Hence, applications filed by the plaintiffs are correctly dismissed by the trial court. Therefore, there is no need to make interference in the order passed by the trial court in rejecting the applications filed by the

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