Disposed¶55

Mohammed Mustafa and Ors. v. Malliha Fatima and Ors.

Karnataka HC25 Apr 2025RP/200063/2023

Case brief

AI extract

What is this about?

Review petition disposed of; review of order dated 09.02.2023 in CRP No.200014/2022 refused by disposal with observations; rejection of suit in O.S No.24/2015 as barred by law does not affect other legal remedies of petitioners. Keywords: review petition; Order 47 Rule 1 r/w 506, 114 CPC; CRP No.200014/2022; O.S No.24/2015; I.A No.XIII; suit barred by law; alternative remedies preserved; High Court of Karnataka, Kalaburagi Bench; C.M. Poonacha; NC: 2025:KHC-K:2525.

What did the court decide?

The petitioners' apprehension that the order under review would affect their other rights is unfounded: the dismissal of the suit in O.S No.24/2015 as barred by law does not in any manner affect the other remedies available to the petitioner under law. ¶51

Mohammed Mustafa and Ors. Vs Malliha Fatima and Ors. — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO.200063 OF 2023

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BETWEEN:

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MOHAMMED MUSTAFA

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S/O. JAHANGIR ALI HAKEMJI, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. NEAR PWD ROAD, TIPU SULTAN CHOWK, ALAND, DIST. KALABURAGI-585302.

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GAUHAR JAHAN W/O. MOHAMMED ILYAZ ZERDI, AGE. 47 YEARS, OCC. HOUSEWIFE, R/O. ROOM NO.108, SHIVA NAGAR, SEWRI CROSS ROAD, BEHIND, DNYANESHWAR VIDYALAYA WADAL, MUMBAI-4000031.

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SHAHIAHAN W/O. AHMED KHAN, AGE. 45 YEARS, OCC. HOUSEWIFE, R/O. H.NO.11-13-13, PWD ROAD, ALAND, KALABURAGI-585302.

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Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka

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SHAHIN BEGUM W/O. MUSTAGH HAKEMJI, AGE. 36 YEARS, OCC. HOUSEWIFE, R/O. NEAR PWD ROAD, TIPU SULTAN CHOWK, ALAND, DIST.KALABURAGI-585302.

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…PETITIONERS

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(BY SRI. SHIVAKUMAR S.BADAWADAGI, ADVOCATE AND SRI. CHAITANYAKUMAR C.M., ADVOCATE)

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AND:

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MALLIHA FATIMA W/O. LATE MOHAMMED ABDUL KHADAR, AGE. 59 YEARS, OCC. HOUSEHOLD,

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2 - NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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R/O. NAMAZ GROUND AGHAPURA, HYDERABAD, TELANGANA-500001.

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ERUM FATIMA D/O. LATE MOHAMMED ABDUL KHADAR, MINOR, U/G BY NATURAL MOTHER MALLIHA FATIMA PETITIONER NO.1. W/O. LATE MOHAMMED ABDUL KHADAR, AGE. 59 YEARS, OCC. HOUSEHOLD, R/O. NAMAZ GROUND, AGHAPURA, HYDERABAD, TELANGANA-500001.

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ARESH FATIMA D/O. LATE MOHAMMED ABDUL KHADAR, MINOR, U/G BY NATURAL MOTHER, MAHILLA FATIMA-PETITIONER NO.1, W/O. LATE MOHAMMED ABDUL KHADAR, AGE. 59 YEARS, OCC. HOUSEHOLD, R/O. NAMAZ GROUND, AGHAPURA, HYDERABAD, TELANGANA-500001.

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SADEKAH BEGUM W/O. ABDUL RAZAK, AGE. 52 YEARS, OCC. TEACHER, R/O. NAMAZ GROUND, AGHAPURA, HYDERABAD, TELENGANA-500001.

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ABEEDA BEGUM W/O. LATE AHMED ALI, AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. NAMAZ GROUND, AGHAPURA, HYDERABAD, TELANGANA-500001.

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MOHAMMED ABDUL MANNAN S/O. LATE AHMED ALI, AGE. 42 YEARS, OCC. PRIVATE SERVICE, R/O. NAMAZ GROUND, AGHAPURA, HYDERABAD, TELANGANA-500001.

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HAJERA BEGUM D/O. LATE AHMED ALI, AGE. 41 YEARS, OCC. HOUSEHOLD, R/O. NAMAZ GROUND, AGHAPURA, HYDERABD, TELANGANA-500001.

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KHURSHID BEGUM W/O. IBRAHIM SAB ZERDI,

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3 - NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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AGE. 39 YEARS, OCC. HOUSEHOLD, R/O. MEHBOOB NAGAR COLONY, KALABURAGI-585101.

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FEROZ KHAN S/O. LATE ZAMEER KHAN, AGE. 43 YEARS, OCC. BUSINESS, R/O. MIRZA DARDAR BAIG DARGA, AGHAPURA, HYDERABAD, TALANGANA-500001.

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AFROJ KHAN S/O. LATE ZAMEER KHAN, AGE. 41 YEARS, OCC. BUSINESS, R/O. MIRZA DARDAR BAIG DARGA, AGHAPURA, HYDERABAD, TELANGANA-500001.

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ASIF KHAN S/O. LATE ZAMEER KHAN, AGE. 39 YEARS, OCC. BUSINESS, R/O. MIRZA DARDAR BAIG DARGA, AGHAPURA HYDERABAD, TELANGANA-500001.

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TASLEEM BEGUM @ AKTHAR D/O. LATE ZAMEER KHAN, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. MIRZA DARDAR BAIG DARGA, AGHAPURA HYDERABAD, TELANGANA-500001.

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SHAMEEM BEGUM D/O. LATE ZAMEER KHAN, AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. MIRZA DARDAR BAIG DARGA, AGHAPURA, HYDERABAD, TELANGANA-500001.

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DILDAR BEGUM W/O. LATE JABBAR PALLAN, AGE. 53 YEARS, OCC. HOUSEHOLD, R/O. ALAND, NOW MEHEBOOB NAGAR COLONY, KALABURAGI-585302.

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ANJUM BEGUM W/O. ZAFAR KHAN,

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NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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AGE. 49 YEARS, OCC. HOUSEHOLD, R/O. ALAND, NOW MEHEBOOB NAGAR COLONY, KALABURAGI-585302.

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FAIYAZ ALI S/O. LATE ABDUL RAHIM @ ABDUL RAHAMAN LUNJE, AGE. 52 YEARS, OCC. BUSINESS, R/O. ALAND, NOW MEHEBOOB NAGAR COLONY, KALABURAGI-585302.

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FAROOQ AHMED S/O. LATE ABDUL RAHIM @ ABDUL RAHAMAN LUNJE, AGE. 62 YEARS, OCC. TAILOR, R/O. ALAND, NOW AT C/O. KHURSEED ZARIWAL PILLAN, NEAR MASJID E-ALAM, KALIWADAM KOKRI AGAR, MUMBAI-37.

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ZARINA BEGUM

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W/O. TAYYAB ALI LUNJE, AGE. 67 YEARS, OCC. HOUSEHOLD, R/O. ALAND, NOW MEHEBOOB NAGAR, COLONY, KALABURAGI-585302.

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TAYYAB ALI S/O. LATE ABDUL RAHEEM @ ABDUL RAHAMAN LUNJE, AGE. 72 YEARS, OCC. BUSINESS, R/O. ALAND, NOW MEHEBOOB NAGAR COLONY, KALABURAGI-585302.

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…RESPONDENTS

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W 506, 114 OF THE CIVIL PROCEDURE CODE, PRAYING TO ALLOW THE ABOVE REVIEW PETITION AND REVIEW THE ORDER DATED 09.02.2023 PASSED BY THIS COURT IN CRP NO.200014/2022 AND CONSEQUENTLY BE PLEASED TO DISMISS THE CRP NO. 200014/2022, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

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The review petition is filed seeking to review the order dated 09.02.2023, passed in C.R.P No.200014/2022, whereunder, this Court, allowed the revision petition, set aside the order dated 17.02.2022 passed on I.A No.XIII in O.S No.24/2015, allowed I.A No.XIII and held that the suit in O.S No.24/2015 is rejected as barred by law.

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The sole contention urged by learned counsel Sri. Shivakumar Badawadagi appearing on behalf of learned counsel Sri. Chaitanyakumar Chandriki for the petitioner is that by virtue of the order under review, the other rights of the petitioners would be affected. The said apprehension on behalf of the petitioner is unfounded as needless to state that the dismissal of the suit in O.S No.24/2015, as barred by law, would not in any manner affect the other remedies available to the petitioner under law.

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NC: 2025:KHC-K:2525 RP No. 200063 of 2023

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