Dismissed¶80

Mr Ahamed Sherieff v. Mrs Jaibunissa

Karnataka HC17 Jul 2026WP/34418/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 34418 of 2025 (GM-CPC); CNR KAHC010736622025; NC: 2026:KHC:37021; Justice Lalitha Kanneganti; decided 17.07.2026; Article 227 Constitution of India; supervisory jurisdiction; challenge to order dated 05.08.2025 on IA No.5 in O.S.No.409/2020, Principal Senior Civil Judge and JMFC, Devanahalli; written statement not taken on record; leave to file written statement; inordinate delay; certified copies from Revenue Department; suit for partition and separate possession (year 2020); non-interference by High Court; writ petition dismissed; all interlocutory applications closed.

What did the court decide?

The Court declined to interfere with the impugned order, considering that the order was passed long back, the written statement is already taken on record, and the proceedings of the trial Court have progressed.

Mr Ahamed Sherieff Vs Mrs Jaibunissa — Writ and Judicial Review | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34418 OF 2025 (GM-CPC)

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BETWEEN:

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MR. AHAMED SHERIEFF, S/O LATE SHEIK IBRAHIM SAB ALILAS IBRAHIM SAB, AGED ABOUT 74 YEARS, R/AT THAMMARASANAHALLI VILLAGE, BENDIGANAHALLI POST, SULEBELE HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT.

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…PETITIONER

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(BY SRI. BALAKRISHNA A., ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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MRS. JAIBUNISSA, D/O LATE SHEIK IBRAHIM SAB ALIAS IBRAHIM SAB, AGE ABOUT 67 YEARS, R/AT NO.322, 3^RD CROSS, TIPPU NAGAR, CHAMARAJPET, BANGALORE - 560 018.

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MRS. MUBINA TAJ, D/O LATE AMEER PASHA @ MUSTARY, AGED ABOUT 40 YEARS,

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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MRS. SHAMMU, D/O LATE AMEER PASHA @ MUSTARY, AGED ABOUT 38 YEARS,

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MR. PEER PASHA, S/O LATE AMEER PASHA @ MUSTARY, AGED ABOUT 36 YEARS,

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MR. WAZEER PASHA, S/O LATE AMEER PASHA @ MUSTARY, AGED ABOUT 34 YEARS,

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MRS. YASMIN TAJ, D/O LATE AMEER PASHA @ MUSTARY, AGED ABOUT 32 YEARS, RESPONDENTS NO.2 TO 6 ARE R/AT JANGAMKOTE VILLAGE, 2^ND BLOCK, JANGAMKOTE POST AND HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105.

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MRS. DILSHAD, D/O LATE SHEIK IBRAHIM SAB ALIAS IBRAHIM SAB, AGED ABOUT 55 YEARS, R/AT NO.81, BIDARAHALLIL VILAGE, NEAR GOVERNMENT HOSTEL, BIDARAHALLI POST AND HOBLI, BANGALORE - 560 049.

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MRS. SHAMEEM UNNISA, D/O LATE SHEIK IBRAHIM SAB ALIAS IBRAHIM SAB,

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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AGED ABOUT 53 YEARS, R/AT HINDIGANALA VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE DISTRICT - 562 102.

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SMT.FAREEDA, W/O LATE SHIEK RAHAMATHULLA, AGED ABOUT 65 YEARS,

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SMT.SALMA.R., D/O LATE SHIEK RAHAMATHULLA, AGED ABOUT 41 YEARS,

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SHRI.SHEIK NAVAZ.R., S/O LATE SHEIK RAHAMATHULLA, AGED ABOUT 40 YEARS,

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SRI.SHEIK RIYAZ, S/O LATE SHIEK RAHAMATHULLA, AGED ABOUT 35 YEARS,

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SRI.SHEIK AFROZ, AGED ABOUT 32 YEARS, S/O LATE SHEIK RAHAMATHULLA,

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SMT.YASMIN,

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D/O LATE SHEIK RAHAMATHULLA, AGED ABOUT 30 YEARS,

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SRI.SHEIK SATTAR SAB, S/O LATE SHEIK IBRAHIM SAB @ IBRAHIM SAB, AGED ABOUT 52 YEARS,

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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SMT.MUBINA TAJ, W/O SHEIK SATTAR SAB, AGED ABOUT 44 YEARS,

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SRI.SHEIK SUHAIL, S/O SHEIK SATTAR SAB, AGED ABOUT 31 YEARS,

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SRI.SHEIK SHAHIL, S/O SHEIK SATTAR SAB, AGED ABOUT 29 YEARS,

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SRI.SHEIK SHAHID, S/O SHEIK SATTAR SAB, AGED ABOUT 26 YEARS,

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SRI.SHEIK IBRAHIM, S/O SHEIK SATTAR SAB, AGED ABOUT 24 YEARS, THE RESPONDENT NO.9 TO 20 ARE

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R/AT NO.228, BUDIGERE VILLAGE, NEAR PATALAMMA TEMPLE ROAD, CHANNARAYAPATNA HOBLI, BUDIGERE POST, DEVENAHALLI TALUIK, BENGALURU RURAL DISTRICT, BENGALURU - 562 129.

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SMT.M.PALLAVI REDDY, W/O M.RAJENDRA REDDY, AGED ABOUT 47 YEARS, R/AT NO.06, TULIP BLOCK, RED WOOD APARTMENT, HARALURU ROAD, OPP: SARJAPURA ROAD, BENGALURU - 560 10.

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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SRI.ABDUL MALIK BAIG, S/O GAFOOR BAIG, AGED ABOUT 51 YEARS, R/AT NO.2, 8^TH MAIN, SHAMANNA GARDEN, BENGALURU - 560 026.

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.08.2025 PASSED ON IA NO.5 IN OS NO. 409/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI VIDE ANNX-D BY ALLOWING THIS PETITION WITH EXEMPLARY COSTS AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed aggrieved by the order passed on IA No.5 in O.S.No.409/2020 dated 05.08.2025 by the Principal Senior Civil Judge and JMFC at Devanahalli. Whereby, the trial Court has refused to take the written statement on record.

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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The respondents herein have filed a suit for partition

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and separate possession. The suit is of the year 2020. Now, in the year 2024, the petitioner has filed an application seeking leave of the Court to file the written statement, which was dismissed by the impugned order. While dismissing the application, the Court observed that in the accompanying affidavit, defendant No.2 stated that the plaintiffs have filed the suit for the relief of partition. He could not file the written statement and objections on IA No. 1, as they had applied for certified copies from the Revenue Department. After procuring the documents, the present application was filed along with the written statement and objections to IA No.1. Hence, prayed to allow the petition.

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The Trial Court observed that the written statement is filed when the matter is posted for arguments. The matter is pending from the year 2020, and the application was filed in the year 2024. In the affidavit it is clearly stated that there is delay in filing the written statement as the defendants have prayed for certified copies of documents. Though the learned counsel for the plaintiffs contended that no grounds are urged

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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in the application, there is an inordinate delay. The defendant No.2 to defendant No.13 shall be given an opportunity to contest the matter and to decide the matter on the merits. Therefore, they made out grounds to allow the application, and it can be compensated by imposing costs. Aggrieved thereby, the plaintiff is before this Court.

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This Order is passed on 05.08.2025 and the present writ petition is filed questioning the said order. Till 13.07.2026, the petitioner has not complied with the office objections, and later, the matter was directed to be listed before the Court. The writ petition has come up before the Court for the first time after complying with the office objections.

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This Court has perused the order passed by the Trial Court and the reason stated. Considering that the order was passed long back and that the written statement is already taken on record and the proceedings of the Court has progressed, this Court is not inclined to interfere with the order impugned. Hence, this Court is passing the following:

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HC-KAR

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NC: 2026:KHC:37021 WP No. 34418 of 2025

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CNR: KAHC010736622025

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ORDER

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