Dismissed¶31

Sri Syed Ibrahim Sab v. Sri Syed Mader Sabi

Karnataka HC9 Oct 2025WP/15785/2021

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 15785 of 2021 (GM-CPC); NC: 2025:KHC:39848; Justice S Vishwajith Shetty; decided 09-10-2025; Article 227 of the Constitution of India; impleadment application; Order 1 Rule 10(2) CPC; Section 151 CPC; O.S.No.81/2019; O.S.No.29/2009; Additional Civil Judge and JMFC Hoskote; dismissed as not pressed; liberty to file fresh application; all contentions left open; pending interlocutory applications disposed; Syed Ibrahim Sab; Kaseem; Syed Mader Sabi; Syed Nissar; advocates Thejesh P, M.V. Chandrashekar Reddy, Ravindranath K.

What did the court decide?

Liberty to the petitioners to file a fresh application before the Trial Court in O.S.No.81/2019 to implead them as party defendants to the said suit. ¶31

Sri Syed Ibrahim Sab Vs Sri Syed Mader Sabi — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:39848 WP No. 15785 of 2021

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF OCTOBER, 2025 BEFORE

¶5

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15785 OF 2021 (GM-CPC)

¶6

BETWEEN:

¶7

SRI SYED IBRAHIM SAB S/O LATE LALA MIYA SAB AGED ABOUT 64 YEARS.

¶8

SRI KASEEM S/O LATE KHADAR AGED ABOUT 46 YEARS.

¶9

BOTH ARE RESIDING AT MUTHKUR VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶10

…PETITIONERS

¶11

(BY SRI THEJESH P, ADV.)

¶12

AND:

¶13

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

¶14

SRI SYED MADER SABI S/O LATE SYED LALAMIYA SABI AGED ABOUT 87 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶15

SRI SYED NISSAR S/O LATE SYED MASTAN SABI AGED ABOUT 62 YEARS REIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶16

2 - NC: 2025:KHC:39848 WP No. 15785 of 2021

¶17

HC-KAR

¶18

SRI SYED ASLAM S/O SYED NISSAR AGED ABOUT 36 YEARS RESIDING AT MUTHKURU VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶19

SRI SYED AKRAM S/O SYED NISSAR AGED ABOUT 31 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶20

SRI SYED ASSIF S/O SYED NISSAR AGED ABOUT 30 YEARS RESIDING AT MUTHKURU VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT.

¶21

…RESPONDENTS

¶22

(BY SRI M.V. CHANDRASHEKAR REDDY, ADV., FOR R-1; SRI RAVINDRANATH K, ADV., FOR R-2 TO R-5)

¶23

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 22/02/2021 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, AT HOSKOTE UNDER ANNEXURE A, IN O.S.NO.81/2019 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC HOSKOTE AND CONSEQUENTLY ALLOW THE APPLICATION IN I.A NOS. VIII, FILED BY THE PETITIONERS UNDER 1 RULE 10(2) AND SEC 151 OF CPC AT ANNEXURE G.

¶24

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶25

ORAL ORDER

¶26

Learned counsel for the petitioners submits that earlier respondent no.1 herein had earlier filed O.S.No.29/2009

¶27

3 - NC: 2025:KHC:39848 WP No. 15785 of 2021

¶28

HC-KAR

¶29

seeking very same relief as sought in the present suit i.e., O.S.No.81/2019 and the petitioners herein are defendant nos.1 and 3 in the said suit. By suppressing material fact, present suit is filed by respondent no.1 in collusion with other defendants in O.S.No.29/2009. It is under these circumstances, application was filed on behalf of the petitioners to implead them as plaintiffs in O.S.No.81/2019. He submits that, this petition may be dismissed as not pressed with liberty to the petitioners to file fresh application before the Trial Court in O.S.No.81/2019 to implead them as party defendants to the said suit.

¶30