Smt. Zheera Bi Vs Sri Ibrahim Khan — Writ and Judicial Review | Karnataka HC (2026)

Smt. Zheera Bi Vs Sri Ibrahim Khan — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No writ relief granted; liberty reserved to the petitioners to initiate appropriate proceedings in the appropriate forum.

Issue for consideration

Whether the registered sale deeds alleged to be invalid (including on the ground that the sale deed was executed by the vendor's Power of Attorney holder in his own favour) can be quashed in a writ petition under Articles 226/227, where the challenge involves disputed questions of fact.

Court's answer

Even if the petitioners have very good grounds for setting aside the Sale Deed, the matter cannot be considered in a writ petition where disputed questions of fact cannot be ascertained and gone into.

Ratio / Principle

Liberty was reserved to the petitioners to initiate appropriate proceedings in the appropriate forum, and the writ petition was disposed of accordingly.

Detailed headnote1 paragraphs

Writ Petition No. 3774 of 2025 (GM-RES), High Court of Karnataka at Bengaluru (Suraj Govindaraj, J.), decided 09.07.2026. Filed under Articles 226 and 227 of the Constitution of India r/w Section 482 CrPC seeking certiorari to quash (i) a Sale Deed dated 23.08.2024 registered as Doc.No.BYP-1-07802-2024-25 of Book No.1 in the office of the Sub-Registrar, Byatarayanapura, in respect of Sy.Nos.63 and 64 measuring 10 acres at Meesaganahalli Village, Jala Hobli, Devanahalli Taluk, executed in favour of respondent No.1 (Annexure-A), and (ii) an Absolute Sale Deed dated 30.08.2024 registered as Doc.No.BYP1-11743-2024-25 in favour of respondent No.2 in respect of Sy.No.64 measuring 4 acres 36 guntas (Annexure-B). Petitioners contended inter alia that the Sale Deed was executed by the Power of Attorney holder representing the vendor in his own favour. Held: even if the petitioners have very good grounds for setting aside the Sale Deed, it cannot be considered in a writ petition where disputed questions of fact cannot be ascertained and gone into. Petition disposed of reserving liberty to the petitioners to initiate appropriate proceedings in the appropriate forum.

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NC: 2026:KHC:34711 WP No. 3774 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 3774 OF 2025 (GM-RES)

BETWEEN:

SMT. ZHEERA BI AGED ABOUT 68 YEARS W/O LATE AZEEZ ULLA KHAN DAUGHTER IN LAW OF LATE HASSAN KHAN AND LATE SHARFOONNISA GRAND-DAUGHTER IN LAW OF LATE MAHOOB ALI KHAN.

DEAD BY LRS

SRI. AFSARULLA KHAN AGED ABOUT 51 YEARS S/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

SMT RIZWANA KHANUM AGED ABOUT 48 YEARS D/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA.

SMT RUKSANAN FATHIMA AGED ABOUT 45 YEARS D/O LATE AZEEZ ULLA KHAN AND SMT ZOHURA.

SMT MUJEEBA AGED ABOUT 60 YEARS W/O LATE SIRAJ ULLA KHAN DAUGHTER IN LAW OF LATE HASSAN KHAN AND

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LATE SHARFOONISA GRAND DAUGHTER IN LAW OF LATE MAHOOB ALI KHAN.

SRI SHADAB KHAN AGED ABOUT 43 YEARS S/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA.

SMT NOOR AYESHA KHANUM AGED ABOUT 41 YEARS D/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA

SRI ARSHIYA KHANUM AGED ABOUT 39 YEARS D/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA

SRI HASSAN KHAN AGED ABOUT 38 YEARS S/O LATE SIRAJ ULLA KHAN AND SMT MUJEEBA

SMT ABIDA KHATOON AGED ABOUT 77 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA.

SRI ASADULLA KHAN AGED ABOUT 68 YEARS S/O LATE HASSAN KHAN AND LATE SHARFOONNISA.

SRI NASRULLA KHAN AGED ABOUT 66 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA

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SMT NAVEEDA KHANUM AGED ABOUT 65 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA

SRI AZMATH ULLA KHAN AGED ABOUT 64 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA

SMT ZAHEDA KHANUM AGED ABOUT 63 YEARS S/O LATE HASSAN KHAN AND LATE SHARFOONNISA

SMT JABEEN TAJ AGED ABOUT 57 YEARS D/O LATE HASSAN KHAN AND LATE SHARFOONNISA

R1 TO R15 ARE RESIDING/AT NO. 3 MOSQUE ROAD, BASAVANAGUDI BENGALURU-560 004.

SRI AZMATH ULLA KHAN S/O LATE MR HASSAN KHAN AGED ABOUT 62 YEARS NO. 4, 1ST CROSS ROAD MATTAKAR LANE, ARABIC COLLEGE BANGALORE-560 045

ALL ARE REPRESENTED BY THEIR GPA HOLDER MR MOHAMED ARIF JAMEEL S/O LATE ABDUL RASHEED R/AT NO. 179, 2^ND FLOOR 6TH CROSS, PILLANA GARDEN 3RD STAGE, BENGALURU - 560 045.

…PETITIONERS

(BY KUM. ANKITA PATIL, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL., ADVOCATE)

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AND:

SRI IBRAHIM KHAN S/O LATE KAREEM KHAN R/AT NO. 15, OLD NO. 45 3^RD CROSS, P AND T COLONY VENKATESHAPURA, KADUGONDANAHALLI ARABIC COLLEGE, BANGALORE 560 045.

SRI SHIVARAMU N K AGED ABOUT 56 YEARS S/O KRISHNAPPA N T R/AT NO. 90, 1^ST MAIN ANJANEYA TEMPLE ROAD ASHWATHNAGARA, R M V EXTENSION

2^ND STAGE, BANGALORE - 560 094.

SRI K V RAVIKUMAR SUB REGISTRAR BYATARAYANAPURA OFFICE AT 1^ST FLOOR, 3^RD CROSS B B M P WARD NO. 8 NEAR BALAMURI GANAPATHI TEMPLE KODIGEHALLI MAIN ROAD TATANAGAR, BANGALORE 560092.

THE DISTRICT REGISTRAR (GANDHINAGAR) NO. 8, 2^ND AND 3^RD FLOORS, BBMP WARD NEAR BALAMURI GANAPATHI TEMPLE 3^RD CROSS, TATA NAGAR KODIGEHALLI, BANGALORE - 560 092.

INSPECTOR GENERAL OF REGISTRATION 8TH FLOOR, KANDAYA BHAVAN K G ROAD, BENGALURU - 560 009.

THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT 3^RD GATE, 5^TH FLOOR, M S BUILDING BANGALORE - 560 001.

…RESPONDENTS

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(BY SRI. MOHAMMED JAFAR SHAH, AGA. FOR R-4 TO 6 NOTICE TO R-1 TO 3 IS D/W)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRPC PRAYING TO QUASH THE SALE DEED DATED 23.08.2024 REGISTERED AS DOC.NO.BYP-1-07802-2024-25 OF BOOK NO.1 REGISTERED IN THE OFFICE OF SUBREGISTRAR, BYATARAYANAPURA IN RESPECT OF SY.NOS.63, 64 IN ALL MEASURING 10 ACRES SITUATED AT MEESAGANAHALLI VILLAGE, JALA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT EXECUTED IN FAVOUR OF 1ST RESPONDENT VIDE ANNEXURE-A AND ETC.

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

ORAL ORDER

Learned AGA accepts notice for respondent Nos.4 to

Notice to respondent Nos.1 to 3 is dispensed with

in view of the proposed order to be passed.

The petitioners are before this Court seeking for the following reliefs:

(a) Issue a writ of certiorari to quash the Sale Deed dated 23.08.2024 registered as Doc.No.BYP- 1- 07802-2024-25 of Book No.1 registered in the office of Sub-Registrar, Byatarayanapura in respect of Sy.Nos.63, 64 in all measuring 10 Acres situated at Meesaganahalli Village, Jala Hobli, Devanahalli Taluk, Bengaluru District executed in favour of 1st respondent vide Annexure-A.

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(b) Issue a writ of certiorari to quash Absolute Sale Deed dated 30.08.2024 registered as Doc.No.BYP1-11743-2024-25 of Book No.1 in the office of the Sub-Registrar, Byatarayanapura, Bangalore favour of 2nd respondent in respect of Sy.No.64 measuring to an extent of 4 Acres 36 Guntas situated at Meesaganahalli Village, Jala Hobli, presently Yelahanka Taluk, previously Bangalore North Taluk vide Annexure-B. AND

(c) to grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity.

What is being sought for in the present writ petition is for quashing a registered Sale Deed dated 23.08.2024 registered in the office of Sub Registrar, Byatarayanapura.

Learned counsel for the petitioners makes various submissions as regards to how the Sale Deed is invalid including on the ground that the Sale Deed has been executed by the Power of Attorney Holder representing the vendor in his own favour etc. Even if the petitioners have a very good ground for setting aside the Sale Deed that cannot be considered in a

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writ petition, where disputed question of facts cannot be ascertained and gone into.

Reserving liberty to the petitioners to initiate appropriate proceedings in the appropriate forum, petition stands disposed of.

Sd/(SURAJ GOVINDARAJ) JUDGE

HA

LIST NO.: 1 SL NO.: 28