Mr. Abdul Bari Vs Mrs. Noorjan — Karnataka HC (2026) — LawSathi Research

Mr. Abdul Bari Vs Mrs. Noorjan — Karnataka HC (2026) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 1675 OF 2023 (PAR)

BETWEEN:

MR. ABDUL BARI AGED 53 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE, RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001

…APPELLANT

(BY SMT. SWATHI ASHOK, ADVOCATE - ABSENT)

AND:

Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

MRS. NOORJAN W/O MR. SYED NOORULLA AGE 71 YEARS, D/O LATE K. MOHAMMED GHOUSE, RESIDING AT NO.35/2, 5^TH CROSS, M.M.BLOCK, MARAPPA GARDEN, J.C. NAGAR, BENGALURU-560006.

MRS. ZAREENA BEGUM W/O MR. AMANULLA KHAN AGED 68 YEARS, D/O LATE K. MOHAMMED GHOUSE, RESIDING AT NO.12, 1^ST CROSS M.M. BLOCK, J.C. NAGAR, BENGALURU-560006. 3. MRS. HUSNA MOHSIN KHAN W/O MR. MOHSIN KHAN AGED 57 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE

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RESIDING AT NO.9/1, 1^ST CROSS M.M. BLOCK, MARAPPA GARDEN, J.C. NAGAR, BENGALURU-560006.

MRS. RESHMA SHAHEEN W/O MR. JAVEED KHAN AGED 53 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.1/260, JINNAH HOUSE KAVERIPATINAM KRISHNAGIRI DISTRICT-635112

MRS. RUBINA SHAHEEN W/O MR. IBRAHIM SHARIFF AGED 52 YEARS, GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.6, BHARATH HOUSE, ARMUGAM CIRCLE, BASAVANAGUDI BENGALURU-560004.

MRS. ASMA SHAHEEN W/O MR. MOHAMMED RIYAZ PASHA AGED 44 YEARS GRAND D/O MOHAMMED RIYAZ PASHA RESIDING AT NO.27, 10^TH CROSS, PIPELINE VIJAYANAGAR, BENGALURU-560040

MR. NADEEM KHASIM AGED 54 YEARS, S/O MOHAMMED KHASIM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.11/1, 1^ST CROSS, CHINNAPPA GARDEN, BENSON TOWN POST BANGALORE-560046

MR. WASEEM KHASIM AGED 49 YEARS, S/O LATE MOHAMMED KHASIM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT 2^ND CROSS, MAGADI ROAD IJUR MOHALLA RAMANAGARAM-562159

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MRS. MADIHA BEGUM AGED 46 YEARS W/O LATE MR. SUHAIL KHASIM DAUGHTER IN LAW OF LATE MR. MAQBOOL, GRAND DAUGHTER IN LAW OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.4552, MASJID MOHALLA RAMNAGARAM-562159

MISS DANIA SAKIN AGED 20 YEARS D/O LATE MR. SUHAIL KHASIM GRAND DAUGHTER OF LATE K. MOHAMMED GHOUSE

A MINOR REPRESENTED BY HER MOTHER-PLAINTIFF NO.9 ABOVE,

RESIDING AT NO.4552 MASJID MOHALLA RAMNAGRAM-562159

MR. ABDUL GAFFAR M AGED 65 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001

MR. MOHAMMED KALEEM AGED 53 YEARS, S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001

MRS. NASEEM AKHTAR AGED 62 YEARS, W/O LATE ABDUL AZEEZ DAUGHTER IN LAW OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4^TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST

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BANGALORE-560032.

MRS NAFEES AKHTAR AGED 39 YEARS W/O ANSAR PASHA GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4^TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032.

MRS. NIKKHAT AFSHAN AGED 31 YEARS W/O MOHAMMED PARVEZ GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4^TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032.

MR. MURAD SHA PATEL AGED 35 YEARS S/O LATE ABDUL AZEEZ GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.10/1, 4^TH CROSS, OLD KEB ROAD, KHYOOM GARDEN KAVAL BYRASANDRA, R.T. NAGAR POST BANGALORE-560032.

MRS. ZAMRUD SHARIFF AGED 56 YEARS, W/O LATE K.M. SHARIFF DAUGHTER IN LAW OF LATE K.M. MASTAN AND LATE HEFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001.

MRS. SHAZIA AGED 42 YEARS GRAND DAUGHTER OF LATE K.M MASTAN AND

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LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001.

MRS. HOOR SAHER AGED 40 YEARS W/O ANEES-UL-HAQ GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30, DISPENSARY ROAD, BANGALORE-560001.

MRS. MAHABOOB JAN W/O MOHAMMED ISMAIL D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.2277, 11^TH CROSS, VINOBHA NAGAR KADUGONDANAHALLI BANGALORE-560045

SINCE DECEASED BY HER LEGAL REPRESENTATIVES

20(a) MR. MOHAMMED ISMAIL ALIAS BABU AGED 38 YEARS S/O LATE ABDUL JABBUV

20(b) MR. MOHAMMED MOHAMMED ARSHAD AGED 35 YEARS S/O MR MOHAMMED ISMAIL ALIAS BABU BOTH ARE RESIDING AT NO.2277, 11^TH CROSS, VINOBHA NAGAR KADUGONDAHALLI BANGALORE-560045

MRS. SHAHNAZ BEGUM AGED 66 YEARS W/O NOORULLA KHAN, D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.60/1, 1^ST FLOOR, 5^TH CROSS, GOSPEL STREET,

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LINGARAJAPURAM BANGALORE-560084

MRS. MUBEEN TAJ AGED 60 YEARS W/O ALTAF PASHA D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.4577, MASJID MOHALLA RAMANAGARA-562159

MRS. JABEEN TAJ AGED 52 YEARS, W/O SHABBIR AHMED D/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.117, 7^TH MAIN ROAD, NEW BAGLUR LAYOUT LINGARAJAPURAM BANGALORE-560084

MR. SHUJAD AHMED AGED 52 YEARS S/O LATE SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046

MR. SHOIB AHMED AGED 57 YEARS S/O LATE MR. SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046

MR. SHABBIR AHMED AGED 45 YEARS S/O LATE MR. SHAHZAD AHMED GRAND SON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046

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MR. SABIR AHMED AGED 35 YEARS S/O LATE MR. SHAHZAD AHMED GRANDSON OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046

MRS. MOHSINA KAUSAR AGED 39 YEARS W/O FAIROZE AHMED GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.39, HARRY'S ROAD BENSON TOWN, BANGALORE-560046

MRS. TAHSEEN KAUSAR AGED 50 YEARS W/O AMJAD AHMED GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.29, AHMED SAIT ROAD FRAZER TOWN BANGALORE-56005

MRS. TASKEEN KAUSAR AGED 48 YEARS W/O MOHAMMED YOUNUS GRAND DAUGHTER OF LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.40/2, 'E' MAIN, 6^TH STREET, H.K.P. ROAD CROSS BANGALORE-560051

MRS. REHANA BEGUM AGED 60 YEARS W/O LATE MAHABOOB PASHA D/O LATE K. ABDUL JABBAR RESIDING AT NO.25/9, 1^ST CROSS, M.M. BLOCK, MARAPPA GARDEN J.C. ROAD, BANGALORE-560006

MRS. HASEENA KHANUM

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AGED 58 YEARS W/O SAFEER AHMED KHAN D/O LATE K. ABDUL JABBAR RESIDING AT BELGUMBA ROAD, ADJACENT TO SIRPALLI SULAMI MUTT TUMKUR-572101.

MRS. RIZWANA BEGUM AGED 56 YEARS W/O ABDUL GAFFAR M D/O LATE K. ABDUL JABBAR RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001

MR. RAFEEQ AHMED AGED 68 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001

MR. MOHAMMED ISMAIL RIYAZ AGED 65 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MR. IRSHAD AHMED YOUSUFF AGED 64 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MR. MOHAMMED KHASIM NAUSHAD AGED 63 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.43-B

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ROBERTSON ROAD FRAZER TOWN BANGALORE-560005

MR. MOHAMMED FAROOQ AGED 58 YEARS, S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MR. AMEERULLAH Y AGED 54 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MR. AJMAL YOUSUFF AGED 52 YEARS S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MRS. SHAMEEM ANSARI AGED 65 YEARS W/O LATE MUJEEB ANSARI S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.23, PARK ROAD, TASKER TOWN BANGALORE-560051 42. MRS. NASEEMA BEGUM AGED 63 YEARS, W/O R. NAWAB JAN S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.35/1, SPENCER ROAD,

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FRAZER TOWN, BANGALORE-560005

MRS. NASREEN BANU AGED 50 YEARS W/O KALEEM SHARIFF, S/O LATE K. MOHAMMED YOUSUFF AND LATE ZULEKHA BEE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001 RESPONDENTS 2 TO 10/PLAINTIFFS 2 TO 10 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY NOORJAN, THE RESPONDENT NO.1/PLAINTIFF NO.1 ABOVE NAMED RESPONDENTS 12 TO 30/PLAINTIFFS 12 TO 30 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY GAFFAR M, THE RESPONDENT NO.11/PLAINTIFF NO.11 ABOVE NAMED RESPONDENT NOS.32 AND 33/PLAINTIFFS 32 AND 33 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY REHANA BEGUM, THE RESPONDENT NO.31/PLAINTIFF NO.31 ABOVE NAMED

RESPONDENT NOS.34 TO 36/PLAINTIFFS 34 TO 36 AND RESPONDENT NOS.38 TO 43/PLAINTIFFS 38 TO 43 IN THIS SUIT REPRESENTED BY THEIR POWER OF ATTORNEY MOHAMMED KHASIM NAUSHAD, THE RESPONDENT NO.7/PLAINTIFF NO.7 ABOVE NAMED

MR. NAYEEM PASHA AGED 52 YEARS S/O LATE K.M. MASTAN AND LATE HAFEEZA BEE RESIDING AT NO.30 DISPENSARY ROAD BENGALURU-560001

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MRS. SEHAR BANU AGED 50 YEARS W/O LATE MOHAMMED ASLAM DAUGHTER-IN-LAW OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.30, DISPENSARY ROAD BANGALORE-560001

MR. MOHAMMED SHOIB AGED 28 YEARS W/O LATE MOHAMMED ASLAM GRAND S/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MASTER MOHAMMED SHAKIB AGED 27 YEARS S/O LATE MOHAMMED ASLAM GRAND SON OF LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

MISS ZAIBA AGED 26 YEARS D/O LATE MOHAMMED ASLAM GRAND D/O LATE K. MOHAMMED GHOUSE RESIDING AT NO.30 DISPENSARY ROAD BANGALORE-560001

…RESPONDENTS (BY SRI. MEHTER M AZZAM, ADVOCATE FOR CAVEATOR/RESPONDENT NOS.1 TO 19, 21 TO 43; SRI. M.K.METRI, ADVOCATE FOR RESPONDENT NOS.45 TO 48; NOTICE SERVED ON RESPONDENT NOS.20(a) AND 20(b) AND UNREPRESENTED; VIDE ORDER DATED 18.03.2025, SERVICE OF NOTICE TO RESPONDENT NO.44 IS DISPENSED WITH)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.05.2023 PASSED IN OS NO.25171/2016 ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

There is no representation for the appellant.

Even on the last date, there was no representation

for the appellant though the appeal was called twice in the day.

Hence, this appeal is dismissed for non-

prosecution.

Sd/-

(R. NATARAJ) JUDGE

PMR

List No.: 1 Sl No.: 39

Parties & counsel

AI extract

appellant
Mr. Abdul Bari¶8
Smt. Swathi Ashok
respondent
Mrs. Noorjan - Respondent No.1 / Plaintiff No.1; also Power of Attorney holder for Respondents/Plaintiffs Nos. 2 to 10¶13
Sri. Mehter M Azzam
respondent
Respondent Nos. 2 to 10 / Plaintiffs 2 to 10: Zareena Begum (2), Husna Mohsin Khan (3), Reshma Shaheen (4), Rubina Shaheen (5), Asma Shaheen (6), Nadeem Khasim (7), Waseem Khasim (8), Madiha Begum (9), Dania Sakin, minor (10)¶83
Sri. Mehter M Azzam
respondent
Mr. Abdul Gaffar M (Gaffar M) - Respondent No.11 / Plaintiff No.11; also Power of Attorney holder for Respondents/Plaintiffs Nos. 12 to 30¶29
Sri. Mehter M Azzam
respondent
Respondent Nos. 12 to 30 / Plaintiffs 12 to 30: Mohammed Kaleem (12), Naseem Akhtar (13), Nafees Akhtar (14), Nikkhat Afshan (15), Murad Sha Patel (16), Zamrud Shariff (17), Shazia (18), Hoor Saher (19), Mahaboob Jan (20, since deceased, represented by legal representatives at 20(a) and 20(b)), Shahnaz Begum (21), Mubeen Taj (22), Jabeen Taj (23), Shujad Ahmed (24), Shoib Ahmed (25), Shabbir Ahmed (26), Sabir Ahmed (27), Mohsina Kausar (28), Tahseen Kausar (29), Taskeen Kausar (30)¶83
Sri. Mehter M Azzam
respondent
Mr. Mohammed Ismail alias Babu - Respondent No.20(a), legal representative of deceased Respondent/Plaintiff No.20 (Mahaboob Jan); served, unrepresented¶46
respondent
Mr. Mohammed Mohammed Arshad - Respondent No.20(b), legal representative of deceased Respondent/Plaintiff No.20 (Mahaboob Jan); served, unrepresented¶47
respondent
Mrs. Rehana Begum - Respondent No.31 / Plaintiff No.31; also Power of Attorney holder for Respondents/Plaintiffs Nos. 32 and 33¶63
Sri. Mehter M Azzam
respondent
Respondent Nos. 32 and 33 / Plaintiffs 32 and 33: Haseena Khanum (32), Rizwana Begum (33)¶83
Sri. Mehter M Azzam
respondent
Mr. Mohammed Khasim Naushad - Respondent No.37 / Plaintiff No.7 (as described in the representation recital); Power of Attorney holder for Respondents/Plaintiffs Nos. 34 to 36 and 38 to 43¶72
Sri. Mehter M Azzam
respondent
Respondent Nos. 34 to 36 and 38 to 43 / Plaintiffs: Rafeeq Ahmed (34), Mohammed Ismail Riyaz (35), Irshad Ahmed Yousuff (36), Mohammed Farooq (38), Ameerullah Y (39), Ajmal Yousuff (40), Shameem Ansari (41), Naseema Begum (42), Nasreen Banu (43)¶84
Sri. Mehter M Azzam
respondent
Mr. Nayeem Pasha - Respondent No.44; service of notice dispensed with vide order dated 18.03.2025¶85
respondent
Respondent Nos. 45 to 48: Sehar Banu (45), Mohammed Shoib (46), Mohammed Shakib (47), Zaiba (48)¶92
Sri. M.K. Metri

Coram

AI extract

Hon'ble Mr. Justice R. Natarajauthor¶98