Ms Jennifer Joel Vs Mr.Amjad Pasha — Karnataka HC (2026) — LawSathi Research

Ms Jennifer Joel Vs Mr.Amjad Pasha — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Refund of the court fee paid by the appellants, directed in terms of High Court of Judicature at Madras vs. M.C.Subramaniam and Others - (2021) 3 SCC 560.

Issue for consideration

Whether, on the memorandum filed by learned counsel for the appellants dated 09.04.2026, the appellants should be permitted to withdraw this appeal.

Court's answer

Taking the memo dated 09.04.2026 on record, the appeal is dismissed as withdrawn (the operative words 'dismissed as' appear in this paragraph and are completed by 'withdrawn' in the immediately following line).

Ratio / Principle

Consequent on the withdrawal, the Office is directed to refund the court fee in accordance with the Supreme Court judgment in High Court of Judicature at Madras vs. M.C.Subramaniam and Others - (2021) 3 SCC 560.

Detailed headnote1 paragraphs

RFA No. 1136 of 2025 (INJ), High Court of Karnataka at Bengaluru (single Judge, R. Nataraj J.), decided 09.04.2026 (NC: 2026:KHC:19751). Filed under Section 96 CPC against the judgment and decree dated 25.11.2024 in OS.No.25534/2024 passed by the LXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-74), decreeing a suit for eviction and permanent injunction; appellants Ms Jennifer Joel and Mrs Daizy Jacquline (the latter represented by her special power of attorney holder Mrs. Farzana Khanum) against Mr. Amjad Pasha, Mrs. Tasneem Amjad and Ziyu Homes Private Limited (represented by CEO & Founder Mr. Ahmed Ali Baig). Before any adjudication on merits, learned counsel for the appellants filed a memo dated 09.04.2026 seeking permission to withdraw the appeal; the memo was taken on record and the appeal was dismissed as withdrawn. The Office was directed to refund the court fee in accordance with High Court of Judicature at Madras vs. M.C.Subramaniam and Others - (2021) 3 SCC 560. No proposition of law on eviction or injunction was decided; the entry is of value only for the withdrawal-of-appeal and court-fee-refund practice point.

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NC: 2026:KHC:19751 RFA No. 1136 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

REGULAR FIRST APPEAL NO. 1136 OF 2025 (INJ)

BETWEEN:

MS JENNIFER JOEL, AGED 30 YEARS, DAUGHTER OF LEONILA PRESENTLY RESIDING AT NO.2, M-403, 2^ND FLOOR, 2^ND MAIN ROAD, 3^RD BLOCK, HRBR LAYOUT, BANGALORE-560 043.

Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

MRS DAIZY JACQULINE AGED 57 YEARS, WIFE OF EMMANUEL BALARAJ MARIA SWAMY PRESENTLY RESIDING AT NO.2, M-403, 2^ND FLOOR, 2^ND MAIN ROAD, 3^RD BLOCK, HRBR LAYOUT, BANGALORE-560 043. REPRESENTED HEREIN BY HER SPECIAL POWER OF ATTORNEY HOLDER MRS. FARZANA KHANUM.

…APPELLANTS

(BY SRI. REGO L P E.,ADVOCATE)

AND:

MR.AMJAD PASHA AGED 65 YEARS, S/O MR. GAFFAR KHAN

MRS. TASNEEM AMJAD AGED 60 YEARS,

2 - NC: 2026:KHC:19751 RFA No. 1136 of 2025

HC-KAR

W/O MR. AMJAD PASHA

BOTH ARE RESIDING AT: THE WHITE HOUSE APARTMENT, NO.21/1, COLES ROAD, FRAZER TOWN, BENGALURU-560 005.

ZIYU HOMES PRIVATE LIMITED REPRESENTED BY ITS CEO & FOUNDER MR. AHMED ALI BAIG, OFFICE NO.485, SN TOWERS, 2^ND FLOOR, HBR 3^RD BLOCK, OPP. B.D.A. COMPLEX, POLICE CHOWKI, BENGALURU 560 043, CURRENTLY R/AT NO.2, M-403, 2^ND MAIN ROAD, 3^RD BLOCK, HRBR LAYOUT, BENGALURU-560 043.

…RESPONDENTS

(BY SRI. SYED NASEERUDDIN, ADVOCATE FOR C/R1 & C/R2)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 25.11.2024 PASSED IN OS.NO.25534/2024 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-74), DECREEING THE SUIT FOR EVICTION, PERMANENT INJUNCTION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

Learned counsel for the appellants has filed a memo dated 09.04.2026 seeking permission of this Court to withdraw this appeal.

3 - NC: 2026:KHC:19751 RFA No. 1136 of 2025

HC-KAR

The memo is taken on record.

In view of the memo, this appeal is dismissed as

withdrawn .

Office is directed to refund the Court fee in accordance with the judgment of the Hon'ble Apex Court in High Court of Judicature at Madras vs. M.C.Subramaniam and Others - (2021) 3 SCC 560

Sd/-

(R. NATARAJ) JUDGE

BKN

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