Dismissed¶78

Sri. M. Abdul Khuddus v. Sri Abdul Gafoor

Karnataka HC7 Apr 2026WP/604/2026

Case brief

AI extract

What is this about?

Article 227 writ petition (GM-CPC) dismissed as infructuous on account of subsequent event; FDP No.03/2006; application under Sections 2 and 3 of the Partition Act, 1893; direction sought to trial court (V Addl. City Civil and Sessions Judge, CCH-13); prayer not surviving for consideration; partition suit final decree proceedings; no case law cited; neutral citation NC: 2026:KHC:18811.

What did the court decide?

Taking on record the submission that, in view of a subsequent event, the prayer sought by the petitioners would not survive for consideration, the Court dismissed the writ petition as having become infructuous. ¶78

Sri. M. Abdul Khuddus Vs Sri Abdul Gafoor — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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WRIT PETITION NO.604 OF 2026 (GM-CPC)

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BETWEEN:

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SRI. M. ABDUL KHUDDUS S/O LATE ABDUL KAREEM SINCE DEAD BY HIS LRS

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SMT. HASMATHUNNISA W/O LATE M. ABDUL KHUDDUS AGED ABOUT 63 YEARS R/AT NO.31 DURGAMMA TEMPLE STREET KALASIPALYA BENGALURU-560002.

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Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

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SRI. MUSTAQ AHAMED S/O LATE ABDUL KHUDDUS AGED ABOUT 45 YEARS R/AT NO.151, MAIN ROAD KALASIPALYA BENGALURU-560002.

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SMT. JASMIN D/O LATE ABDUL KHUDDUS W/O A.M. FASI BAIG AGED ABOUT 45 YEARS R/AT NO. 198/1, DAS COMPOUND RV ROAD CROSS, BASAVANAGUDI BENGALURU-560004.

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SMT. HUMERA BEGUM D/O LATE M. ABDUL KHUDDUS

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2 - NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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W/O M. ABDUL GAFOOR AGED ABOUT 43 YEARS R/AT NO.3, MOSQUE ROAD BASAVANAGUDI BENGALURU-560004.

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SMT. SAMEENA BEGUM D/O LATE M. ABDUL KHUDDUS W/O K. MAKSUD ALI AGED ABOUT 41 YEARS R/AT NO.31 DURGAMMA TEMPLE STREET KALASIPALYA

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BENGALURU-560002.

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SMT. NAJMA ZABI D/O LATE M. ABDUL KHUDDUS W/O M.S. ZABI PASHA AGED ABOUT 31 YEARS R/AT NO.64, 1ST FLOOR RANAJI RAO ROAD BASAVANAGUDI BENGALURU-560004.

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SMT. SHABANA BANU D/O LATE M. ABDUL KHUDDUS W/O SYED SHAH MAKSOOD ALI AGED ABOUT 29 YEARS R/AT SBM ROAD NELMANGAL TALUK BENGALURU-560099.

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…PETITIONERS

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(BY SRI. MOHAMED NASIRUDDIN, ADVOCATE – THROUGH VC)

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AND:

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SRI ABDUL GAFOOR S/O LATE ABDUL KAREEM AGED ABOUT 58 YEARS R/AT NO.18/1

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3 - NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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18^TH CROSS ROAD LAKKASANDRA BENGALURU-560030.

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SRI M. ABDUL LATEEF S/O LATE ABDUL KAREEM SINCE DEAD BY HIS LR'S

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SMT. HASEENA BEGUM. W/O LATE M. ABDUL LATEEF AGED ABOUT 61 YEARS

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SMT. HINA KAUSAR D/O LATE M. ABDUL LATEEF AGED ABOUT 41 YEARS

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SRI MASOOD ALI S/O LATE M. ABDUL LATEEF AGED ABOUT 38 YEARS

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SMT. SHAMER BANU W/O LATE M. ABDUL LATEEF AGED ABOUT 36 YEARS

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RESPONDENTS 2 TO 5 ARE R/AT NO.8/1, 1^ST FLOOR, 3RD CROSS, LALBAGH FORT ROAD, DODDAMAVALLI, BENGALURU-560004.

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SRI M. ABDUL RASHEED S/O LATE ABDUL KAREEM AGED ABOUT 59 YEARS R/AT NO.11/4, COFFEE STREET BASAVANAGUDI BENGALURU-560004.

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SMT. ASHYA BEE D/O LATE ABDUL KAREEM SINCE DEAD BY HER LR'S SMT. ZAHEEDA BEGUM SINCE DEAD BY HER LR'S

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4 - NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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SRI SYED SIRAJ KHAN S/O LATE ZAHEEDA BEGUM AGED ABOUT 46 YEARS R/AT NO.99, 5^TH CROSS P AND T COLONY, B S A ROAD BENGALURU-560 045.

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SRI SHIRAJ AHAMED KHAN S/O SMT. ZAHEEDA BEGUM AGED ABOUT 44 YEARS R/AT NO.8, 1^ST CROSS KOUSER NAGAR BENGALURU-560 032.

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SMT. SHAMEEM TAJ D/O LATE ZAHEEDA BEGUM SINCE DEAD BY HER LRS.

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SRI MOHAMMED ARIF PASHA S/O LATE SHAMEEM TAJ AGED ABOUT 36 YEARS

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SRI SYED ANJUM PASHA S/O LATE SHAMEEM TAJ AGED ABOUT 34 YEARS

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SRI SYED TAJAMUL PASHA S/O LATE SHAMEEM TAJ AGED ABOUT 32 YEARS.

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RESPONDENTS 9 TO 11 ARE R/AT NO.6, 2^ND MAIN (REHA MEDICALS), BILAL NAGAR, PILLANNA GARDEN, 3^RD STAGE, BENGALURU-560 045.

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SMT. NASEEM TAJ D/O LATE ZAHEEDA BEGUM AGED ABOUT 42 YEARS R/AT NO.100, SMALL QUARTERS, NEELASANDRA, BENGALURU-560 047.

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5 - NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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SMT. NAEM TAJ D/O LATE ZAHEEDA BEGUM AGED ABOUT 40 YEARS R/AT SULTANPALYA, DINNUR MAIN ROAD R T NAGAR BENGALURU-560 032.

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SMT. JABEEN TAJ D/O LATE ZAHEED BEGUM W/O ABDUL REHMAN AGED ABOUT 36 YEARS R/AT NO.21, 3^RD CROSS PILLANNA GARDEN BENGALURU-560 045.

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SMT. SHIREEN TAJ. D/O LATE ZAHEEDA BEGUM W/O SRI JANI BASHA AGED ABOUT 34 YEARS R/AT NO. 32/2, 7^TH CROSS SOMESWARANAGAR JAYANAGAR 1^ST BLOCK BENGALURU-560 011.

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SMT. ZUBEDA BEGUM D/O LATE ASHYA BEE AGED ABOUT 71 YEARS R/AT NO.817, 1^ST FLOOR BESIDE APNA BAZAAR, BSA ROAD BENGALURU-560 045.

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SMT. RAFIA BEGUM D/O ABDUL KAREEM SINCE DEAD BY HER LR'S

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SRI SIRAJULLA KHAN HUSBAND OF RAFIA BEGUM AGED ABOUT 56 YEARS

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6 - NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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SRI KHIZERULLA KHAN S/O LATE RAFIA BEGUM AGED ABOUT 32 YEARS

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SRI ZAMIRULLA KHAN S/O LATE RAFIA BEGUM AGED ABOUT 27 YEARS

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RESPONDENTS 17 TO 19 ARE R/AT NO.23, 24, 4^TH CROSS NEW GURAPPANAPALYA (DRC POST) BENGALURU-560 029.

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SMT. RASHEEDA BEGUM D/O LATE ABDUL KAREEM W/O FARHATHULLA KHAN AGED ABOUT 54 YEARS R/AT NO.35/2, 1^ST FLOOR 9^TH A MAIN, 4^TH CROSS BTM 1^ST STAGE BENGALURU-560 051.

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SMT. NOORJAN W/O LATE ABDUL SALAM AGED ABOUT 66 YEARS

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SMT SHEERIN BANU D/O LATE ABDUL SALAM AGED ABOUT 31 YEARS

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SRI MOHAMMED HANEEL S/O LATE ABDUL SALAM AGED ABOUT 30 YEARS

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SMT. TASEEN BANU D/O LATE ABDUL SALAM AGED ABOUT 29 YEARS

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RESPONDENTS 21 TO 24 ARE R/AT NO.5/4, 2^ND FLOOR (BESIDE DELUXE WHEEL ALIGNMENT)

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NC: 2026:KHC:18811 WP No. 604 of 2026

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HC-KAR

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THIMMAIAH ROAD, SHIVAJINAGAR BENGALURU-560 051

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN FDP NO.03/2006 PENDING ON THE FILE V ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-13) AND DIRECT THE TRIAL COURT TO PASS ORDERS ON THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 2 AND 3 OF THE PARTITION ACT, 1893 ON MERITS BEFORE PROCEEDINGS FURTHER IN THE MATTER (ANNEXURE-A).

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

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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The learned counsel for the petitioners submits that in view of the subsequent event, the prayer sought by the petitioners in this writ petition will not survive for consideration.

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