Karnataka High Court
Maulvisha Mahammed Anwrulla vs Jameel Ahamed Khazi S/O. Late Hasan Miya ... on 24 January, 2012
Author: Jawad Rahim
Bench: Jawad Rahim
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE TH
24
DAY OF JANUARY, 2012
BEFORE
THE HON'BLE MR.JUSTICE JAWAD RAHIM
W.P. NO. 67199/2011 (GM-CPC)
BETWEEN:
MAULVISHA MAHAMMED ANWRULLA
Sb. LATE SAHEBLA SARKAZI,
AGED ABOUT 60 YEARS,
EMPLOYEE,
R/O: AREBIA COLLEGE, LATIFIYA HAJARAT
MAKAN, TQ & DIST: VELLUR,
STATE: TAMIL NADU.
PETITIONER
(BY SRI: R K KULKARNI, ADV.)
AND
1. ZAHIRABAI © MANNA PASH
D/O. LATE HASSAM SAB
W/O. SYED AZMATAHULLA KHADRI
AGED ABOUT 63 YEARS,
RIO. CHIKKAJANTHAKAL
GANGAVATHI TALUK,
KOPPAL DISTRICT.
2. SYEEDA NIGAAR SULTHANA
W/O. LATE HASSAM SAB,
AGED ABOUT 58 YEARS,
R/O: VIDHYAGIRI,
TQ: KITTHUR, DIST: BELGAUM.
3. SYEEDA FAHEMIDABI
D/O. LATE SYED AZAM PASHA,
W/O. SYED AZAMATAHULLA KHADRI,
AGED ABOUT 58 YEARS,
RIO: CHIKKAJANTHAKAL,
TQ: GANGAVATHI, DIST: KOPPALA.
4. SYEEDASURVERBI
D/O. LATE HASSAM SAB,
W/O. MAHABOOB SUBHANI,
AGED ABOUT 50 YEARS,
RIO: CHIKKAJANTHAKAL,
TQ: GANGAVATHI, DIST: KOPPALA.
5. SOHELA BEGAUM KHAZI
W/O. ABDUL RASHEED KHAZI,
D/O. ABDUL KHAZI,
AGED ABOUT 46 YEARS,
R/O: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
6. FARIDA BEGUM KHAZI
W/O. ABDUL RAHEED KHAZI,
D/O. ABDUL KHAZI,
AGED ABOUT 43 YEARS, HOUSE WIFE,
R/O: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
7. REHANA KHAZI
W/O. ABDUL KHADER KHAZI,
D/O. ABDUL AZEEZ KHAZI,
AGED ABOUT 33 YEARS, HOUSE WIFE,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
8. BUDDE SAB KHAZI
S/O. KHADER BASHA KHAZI
AGED ABOUT 57 YEARS,
0CC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
9. MUSTAFA SAB KHAZI
S/O. KHADER BASHA KHAZI,
AGED ABOUT 55 YEARS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
10. MIYA SAB KHAZI
Sb. KHADER BASHA KHAZI,
AGED ABOUT 45 YEARS, CCC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
11. ZOHURSABKHAZI
S/C. KHADER BASHA KHAZI,
AGED ABOUT 44 YEARS, CCC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
12. DADA BASHA KHAZI
S/C. AZEEZ SAB KHAZI,
AGED ABOUT 35 YEARS, 0CC: BUSINESS,
R/0: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
13. MOHAMMED HAHIM KHAZI
S/C. RAHIMAN SAB KHAZI,
AGED ABOUT 46 YEARS,
CCC: BUSINESSMEN,
R/C: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
14. DADA BASHA KHAZI
4
5/0. RAHIMAN SAB KHAZI,
AGED ABOUT 32 YEARS, CCC: BUSINESSMEN,
RIO: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
15, IRFAN KHAZI S/C. RAHIMAN SAB KHAZI,
AGED ABOUT 30 YEARS, CCC: BUSINESSMEN,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
16. ARIF KHAZI S/O. RAHIMAN SAB KHAZI,
AGED ABOUT 28 YEARS, 0CC: BUSINESSMEN,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
17. RAFIQ KHAZI S/C. HABIB SAB KHAZI,
AGED ABOUT 37 YEARS, CCC: BUSINESSMEN,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
18. AMMA JAN KHAZI
W/O. LATE HAMMED SAB KHAZI,
AGED ABOUT 60 YEARS,
CCC: HOUSEHOLD WIFE
R/0: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
19. AMEER BASHA KHAZI
S/C. LATE BABALAL HAZI,
AGED ABOUT 75 YEARS, 0CC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
20. PYARIBI KHAZI W/O. LATE KARIM SAB KHAZI,
AGED ABOUT 65 YEARS, CCC: HOUSE WIFE,
R/C: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
21. MAHABOOB BASHA KHAZI
S/C, ABDUL RASOOL KHAZI,
AGED ABOUT 60 YEARS, CCC: BUSINESS,
RIO: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
22. MOHAMMED HANIEF KHAZI
S/C. ABDUL RASOOL KHAZI,
AGED ABOUT 43 YEARS, 0CC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
23. DADA BASHA KHAZI
S/C. ABDUL RASOOL KHAZI,
AGED ABOUT 40 YEARS, 0CC: BUSINESS,
R/O: HALE TORAGAL,
TQ: RAMDURG, DIST: BELGAUM.
24. ABDUL MUNAF KHAZI
5/0. KHASIM SAB KHAZI,
AGED ABOUT 37 YEARS, 0CC: BUSINESS,
R/O: BHAGYA NAGAR,
TQ: RAMDURG, DIST: BELGAUM.
25. ASH FAQ AHMED KHAZI
5/0. KHASIM SAB KHAZI,
AGED ABOUT 42 YEARS, 0CC: BUSINESS,
R/O: BHAGYA NAGAR,
TQ: RAMDURG, DIST: BELGAUM.
26. ABDUL RASH EED KHAZI
5/0. ABDUL SAB KHAZI,
AGED ABOUT 60 YEARS, 0CC: BUSINESS,
R/O: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
27. ABDUL SATTAR KHAZI
5/0. ABDUL SAB KHAZI,
AGED ABOUT 55 YEARS, 0CC: BUSINESS,
R/O: NAVIPETH,
6
TQ: RAM DURG, DIST: BELGAUM.
28. MOHAMMED SHAFT KHAZI
Sb. ABDUL SAB KHAZI,
AGED ABOUT 42 YEARS, 0CC: BUSINESS,
RIO: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
29. RAZIYA BEGAUM KHAZI
D/O. ABDUL SAB KHAZI,
AGED ABOUT 60 YEARS, 0CC: HOUSE WIFE,
R/O: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
30. MURTUZA KHAZI D/O. BUDDE SAB KHAZI,
AGED ABOUT 52 YEARS,
R/O: NAVIPETH,
TQ: RAMDURG, DIST: BELGAUM.
31. NAZEER AHAMED KHAZIV S/O. AMANBI KHAZI
AGED ABOUT 78 YEARS, 0CC: BUSINESSMEN,
R/O: NAVIPETH,TQ: RAMDURG,
DIST: BELGAUM.
32. NAZEER SAB KHAZI S/0. AMEER SAB KHAZI,
AGED ABOUT 55 YEARS, CCC: BUSINESS,
R/O: NAVIPETH, TQ: RAM DURG,
DIST: BELGAUM.
33. ABDUL WAHID KHAZI
S/0. LATE. SHAHZADBI KHAZI,
AGED ABOUT 65 YEARS, 0CC: BUSINESSMEN,
R/O: NAVIPETH, TQ: RAM DURG,
DIST: BELGAUM.
34. RASHEED AHAMED KHAZI,
5/0. LATE SHAHAZADBI KHAZI,
AGED ABOUT 59 YEARS, DCC: GOVT. EMPLOYEE
R/O: NAVIPETH, TQ: RAMDURG,
7
DIST: BELGAUM.
35. ABDUL SATTAR KHAZI
S/O. LATE SHAHAZADBI KHAZI,
AGED ABOUT 57 YEARS, 0CC: GOVT. EMPLOYEE
RIO: NAVIPETH, TQ: RAMDURG,
DIST: BELGAUM.
36. SHABBIR AHAMED KHAZI
S/C. LATE SHAHAZADBI KHAZI,
AGED ABOUT 38 YEARS, 0CC: GOVT. EMPLOYEE
R/O: NAVIPETH, TQ: RAMDURG,
DIST: BELGAUM.
37. MOHAMMED SHAFI KHAZI
S/C. LATE SHAHAZADBI KHAZI,
AGED ABOUT 45 YEARS, 0CC: BUSINESS,
R/O: NAVIPETH, TQ: RAMDURG,
DIST: BELGAUM.
38. RAZIYA BEGAUM KHAZI
D/0. LATE SHAHAZADBI KHAZI,
AGED ABOUT 60 YEARS, HOUSE WIFE,
R/O: NAVIPETH, TQ: RAMDURG,
DIST: BELGAUM.
39. NOOR AHAMED KHAZI
S/O. LATE MOHAMMED SAB KHAZI,
AGED ABOUT 50 YEARS,
0CC: BUSINESSMEN,
R/O: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
40. AKHELA BANU
D/O. LATE MOHAMMED SAB KHAZI,
AGED ABOUT 48 YEARS, 0CC: HOUSEWIFE,
R/O: HALE TORAGAL, TQ: RAM DURG,
DIST: BELGAUM.
8
41. MUJEEB SAB KHAZI
S/C. LATE HABIB SAB KHAZI,
AGED ABOUT 50 YEARS, 0CC: BUSINESS,
RIO: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
42. HAMMED SAB KHAZI
S/C. LATE MIYA SAB KHAZI,
AGED ABOUT 72 YEARS, 0CC: BUSINESSMEN,
RiO: HALE TORAGAL, TQ: RAM DURG,
DIST: BELGAUM.
43. ABBAS SAB KHAZI S/O. LATE MIYA SAB KHAZI,
AGED ABOUT 65 YEARS, 0CC: BUSINESSMEN,
R/C: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
44. HASSAN SAB KHAZI S/O. LATE NIYA SAB KHAZI,
AGED ABOUT 65 YEARS, CCC: BUSINESSMEN,
R/O: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
45. HUSSAIN SAB KHAZI S/C. LATE MIYA SAB KHAZI,
AGED ABOUT 60 YEARS, 0CC: BUSINESSMEN,
R/O: HALE TORAGAL, TQ: RAM DURG,
DIST: BELGAUM.
46. BABU JAN KHAZI S/C. LATE MIYA SAB KHAZI,
AGED ABOUT 37 YEARS, 0CC: BUSINESSMEN,
R/O: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
47. DABA BASHA KHAZI 5/0. LATE MIYA SAB KHAZI,
AGED ABOUT 42 YEARS, 0CC: BUSINESSMEN,
R/O: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
48. BASH EER AHAMED KHAZI
9
Sb. LATE HASHIM SAB KHAZI,
AGED ABOUT 42 YEARS, 0CC: GOVT. EMPLOYEE
RIO: MAHANTESH NAGAR, TQ: RAMDURG,
DIST: BELGAUM.
49. BASH EER AHAMED KHAZI
S/O. LATE ABDUL SAB BI KHAZI,
AGED ABOUT 58 YEARS,
0CC: BUSINESSMEN,
A/P NO.1, BALAJI NAGAR,
NEAR SHANTHIN NAGAR, KESHAVAPURA,
HUBLI.
50. MOHAMMED SHAFT KHAZI
Sb. LATE HASAN MIYA KHAZT,
AGED ABOUT 50 YEARS,
0CC: GOVT. EMPLOYEE
A/P DR. PATIL CHAWL,
NEAR BARAKOTRI,
KESHAVAPURA, HUBLI.
51. MOHAMMED RAFIQ KHAZT
S/0. LATE HASAN MIYA KHAZT,
AGED ABOUT 48 YEARS, 0CC: BUSINESS,
A/P NO. 1 PATIL CHAWL,
NEAR BARAKOTRI,
KESHAVAPURA, HUBLI.
52. JAM EEL AHAMED KHAZI
S/C. LATE HASAN MIYA KHAZT,
AGED ABOUT 45 YEARS, CCC: BUSINESS,
A/P NO. 1 PATIL CHAWL,
NEAR BARAKOTRI,
KESHAVAPURA, HUBLI.
53. FAYAZ AHAMED KHAZI
5/0. LATE HASAN MIYA KHAZI,
AGED ABOUT 42 YEARS, CCC: BUSINESS,
A/P NO. 1 PATIL CHAWL,
10
NEAR BARAKOTRI,
KESHAVAPURA, HUBLI.
54. FAZALUNISSA KHAZI
D/O. LATE ABDUL SAM MAD KHAZI,
AGED ABOUT 60 YEARS, 0CC: HOUSE WIFE,
A/P LIG, 92 GOLDEN PARK,
HUBLI.
55. KHURESIYA KHAZI
S/C. LATE ABDUL SAMMAD KHAZI,
AGED ABOUT 50 YEARS, CCC: HOUSE WIFE,
A/P LIG, 91 GOLDEN PARK,
HUBLI.
56. BABALAL KHAZI
S/C. LATE ABDUL KHADER KHAZI,
AGED ABOUT 73 YEARS,
RETIRED RAILWAY
EMPLOYEE, A/P LIG, 92
GOLDEN PARK,
H U B LI.
57. RAHIMBI INAMDAR
D/O. LATE ABDUL RAHAMAN SAB KHAZI
AGED ABOUT 55 YEARS, HOUSE WIFE,
A/P NO. 1148, LIMEY
CHAWAL, GOODS SHED ROAD,
HUBLI 20.
-
58. SHANAWAZ KHAZI
5/0. LATE HASAM ALl KHAZI,
AGED ABOUT 21 YEARS, STUDENT,
A/P NO. 73, LIMEY
AKASH PARK, KUSUGAL ROAD,
KESHAVAPUR, HUBLI.
59. SAFOORA KARAJGI
II
D/O. LATE ABDUL RAHAMAN KHAZI,
AGED ABOUT 44 YEARS, 0CC: HOUSE WIFE,
A/P NO. 1148, LIMEY CHAWAL,
GOODS SHED ROAD, HUBLI 20.-
60. MAINUDDIN KHAZI
Sb. LATE ABDUL RAHAMAN SAB KHAZI,
AGED ABOUT 42 YEARS, 0CC: BUSINESSMEN,
A/P NO. 73, AKASH PARK,
KUSUGAL ROAD, KESHAVAPUR,
HUBLI.
61. BABA JAN KHAZI
S/0. LATE AZEEZ SAB KHAZI,
AGED ABOUT 65 YEARS, RETIRED GOVT.
EMPLOYEE,
A/P M TS COLONY,
AKASH PARK, KUSUGAL ROAD,
KARWAR ROAD, HUBLI.
62. PYARIJAN KHAZI
D/O. LATE AZEEZ SAB KHAZI,
AGED ABOUT 60 YEARS, HOUSE WIFE,
A/P: RAMANAGAR, HUBLI.
DIST: DHARWAD.
63. BEGUM KHAZI
D/O. LATE AZEEZ SAB KHAZI
AGED ABOUT 58 YEARS, HOUSE WIFE,
A/P: MULLA BADA, HUBLI,
DIST: DHARWAD.
64. BASH EER AHAMED KHAZI
S/O. LATE NIZAMUDDIN KHAZI,
AGED ABOUT 55 YEARS, GOVT. EMPLOYEE,
A/P: RAMANAGAR,
H U B LI.
12
65. MEHABOOB BI KHAZI © AMMA JAN KHAZI
D/O. LATE NIZAMUDDIN KHAZI,
AGED ABOUT 57 YEARS,
RETIRED GOVT. EMPLOYEE,
HOUSE WIFE,
A/P M. TS COLONY,
KARWAR ROAD, HUBLI.
66. GULNAAZ KHAZI D/O. LATE HASM ALT KHAZI,
AGED ABOUT 23 YEARS, 0CC: HOUSE WIFE,
R/O: SADANAKERI, NADEGAR PARK,
1ST MAIN, 3RD CROSS,
DHARWAD.
67. MOHAMMED GHOUSE KHAZI
S/0. LATE KHAWAJAMEER KHAZI,
AGED ABOUT 83 YEARS,
CCC: BUSINESSMEN,
A/P. HIRUR, TQ: HANAGAL,
DIST: HAVERI.
68. MOHAMMED HUSSIAN KHAZI
S/O. LATE KHAWAJAMEER KHAZI
AGED ABOUT 88 YEARS, CCC: BUSINESSMEN,
A/P. HIRUR, TQ: HANAGAL,
DIST: HAVERI.
69. MAIMUNNISA BEGUM KHAZT D/O. H N KHAZI,
AGED ABOUT 58 YEARS, 0CC: HOUSE WIFE,
A/P. DASARAGALLI, GADAG.
DIST: GADAG.
70. SHAKIRA KHAZI D/O. ABDUL SAMAD KHAZI,
AGED ABOUT 54 YEARS, CCC: HOUSE WIFE,
A/P. DASARAGALLI, GADAG.
DIST: GADAG.
71. SHAFT AHAMED KHAZI,
13
5/0. LATE SOGHRABI KHAZI,
AGED ABOUT 54 YEARS, CCC: GOVT. EMPLOYEE
A/P. DASARAGALLI, GADAG.
DIST: GADAG.
72. SHAMIN BANU KHAZI
W/O. LATE MUNAF SAB KHAZI,
AGED ABOUT 36 YEARS,
0CC: GOVT. EMPLOYEE
A/P. DASARAGALLI, GADAG.
DIST: GADAG.
73. AZARUDDIN Z KHAZI
S/C. LATE ZAHUR AHAMED KHAZI,
C/O: BABAJAN KHAZI, GOLDEN PARK,
LIG 92, VIJAYANAGAR EXTENSION,
HUBLI.
74. ZUBEDA KHAZI S/C. LATE SOGHRABI KHAZI,
AGED ABOUT 52 YEARS, 0CC: HOUSE WIFE,
A/P. DASARAGALLI,
GADAG.
75. ABDUL MUNAF S/C. LATE AMEER SAB KHAZI,
AGED ABOUT 61 YEARS, CCC: BUSINESS,
A/P. DASARAGALLI,
GADAG.
76. ABDUL RASOOL SAB KHAZI
S/C. LATE AMEER SAB KHAZI,
AGED ABOUT 58 YEARS, 0CC: GOVT. EMPLOYEE
R/O: HUBLI, DIST: DHARWAD.
77. NOOR BASHA KHAZI
S/C. LATE AMEER SAB KHAZI,
AGED ABOUT 55 YEARS, 0CC: BUSINESS,
A/P. DASARAGALLI, GADAG.
78. MAHABOOB BASHA KHAZI
14
S/O. LATE AMEER SAB KHAZI,
AGED ABOUT 50 YEARS,
0CC: GOVT. EMPLOYEE
A/P. DASARAGALLI, GADAG.
79. SHAFI AHAMED KHAZI
S/O. LATE AMEER SAB KHAZI,
AGED ABOUT 48 YEARS, 0CC: BUSINESS,
A/P. DASARAGALLI, GADAG.
80. MAHAMMED GHOUSE SAB KHAZI
S/O.LATE AMEER SAB KHAZI
AGED ABOUT 45 YEARS,
CCC: GOVT. EMPLOYEE
A/P. DASARAGALLI, GADAG.
81. MEHAMOOD SAB KHAZI
S/C. LATE KHASIM SAB KHAZI,
AGED ABOUT 65 YEARS, CCC: BUSINESS,
A/P. DASARAGALLI, GADAG.
82. SHAHJAHAN KHAZI
S/C. LATE KHASIM SAB KHAZI,
AGED ABOUT 62 YEARS, 0CC: BUSINESS,
A/P. DASARAGALLI, GADAG.
83. MAQBOOL SAB KHAZI
S/O. LATE KHASIM SAB KHAZI,
AGED ABOUT 60 YEARS,
A/P. DASARAGALLI, GADAG.
84. MOHAMMED SHAFI SAB KHAZI
S/C LATE KHASIM SAB KHAZI
AGED ABOUT 58 YEARS, CCC: BUSINESS,
A/P. DASARAGALLI, GADAG.
85. MAHAMMAD RAFIQ SAB KHAZI
5/0 LATE KHASIM SAB KHAZI
AGED ABOUT 57 YEARS, CCC: BUSINESS,
k
15
A/P. DASARAGALLI, GADAG.
86. ZAREENA BEGUM KHAZI
D/O. LATE KHASIM SAB KHAZI,
AGED ABOUT 55 YEARS, 0CC: HOUSE
WIFE,
A/P. DASARAGALLI, GADAG.
87. SHAKIRABI B KHAZI,
D/O. LATE KHASIM SAB KHAZI,
AGED ABOUT 53 YEARS, 0CC: HOUS
E WIFE,
A/P. DASARAGALLI, GADAG.
88. TAHIRBI KHAZI
D/O. LATE KHASIM SAB KHAZI,
AGED ABOUT 49 YEARS, 0CC: HOUS
E WIFE,
A/P. DASARAGALLI, GADAG.
89. MOHAMMED AN WAR KHAZI
5/0. LATE ALLIMUDDIN KHAZI,
AGED ABOUT 55 YEARS, 0CC: BUSIN
ESS,
A/P. DASARAGALLI, GADAG.
90. RIYAZ AHMED KHAZI
S/C. LATE ALLIMUDDIN KHAZI,
AGED ABOUT 50 YEARS, CCC: BUSIN
ESS,
A/P. DASARAGALLI, GADAG.
91. HABBIBUNNISA KHAZI
D/O. LATE ALLIMUDDIN KHAZI,
AGED ABOUT 48 YEARS, CCC: HOUS
E WIFE,
A/P. DASARAGALLI, GADAG.
92. ABDUL KHADAR SAB KHAZI
S/C. LATE ABDUL KARIM SAB KHAZ
I,
AGED ABOUT: 75 YEARS, BUSINESS
,
A/P. BAZAR MOHALLA, ANNIGERI,
TQ: NAVALAGUND, DIST: DHARWA
D.
93. BIBIJAN KHAZI
16
W/O. LATE SAYYAD ALLAHUDDIN KHAZI,
AGED ABOUT: 76 YEARS, HOUSEWIFE,
C/C. G. S. SAIKHAZI, VIVEKANAND NAGAR,
GADAG.
94. SAYYED AMEERUDDIN SIR KHAZI
S/C. LATE NIJAMUDDIN KHAZI,
AGED ABOUT: 78 YEARS,
A/P. BEHIND KSRTC DEPT.
SHIDDESH WAR NAGAR,
GADAG.
95. ASHABI KHAZI
W/O. LATE JILANI SAB KHAZI,
AGED ABOUT: 60 YEARS, 0CC: HOUSE WIFE,
A/P. JAKHIR HUSEN COLONY,
GADAG.
96. ILIYAZ KHAZI
5/0. LATE MOMTAZBI KHAZI,
AGED ABOUT: 42 YEARS, CCC: BUSINESS,
MULLA GALLI, A/P: SHIRAHATTI TALUKA,
GADAG DISTRICT.
97. FIYAZ KHAZI
S/C. LATE MOMTAZBI KHAZI,
AGED ABOUT: 38 YEARS, CCC: BUSINESS,
MULLA GALLI, A/P: SHIRAHATTI TALUKA,
GADAG DISTRICT.
98. IRSHAD KHAZI
S/C. LATE MOMTAZBI KHAZI
AGED ABOUT 35 YEARS,
CCC. BUSINESS,
MULLA GALLI, A/P:SHIRAHATTI TQ.
GADAG DISTRICT.
99. MOHAMMAD GOUS KHAZI
17
S/O. LATE ABDUL REHAMAN KHAZI,
AGED ABOUT 52 YEARS, CCC: BUSINESS,
RIO: NEAR MORE FLOOR MILL, CHAN DANA WADI
TQ: MIRAJ, DIST: SANGLI, MAHARASTRA.
100. HAMIDABI KHAZI
D/O. LATE ABDUL KHADAR SAB KHAZI,
AGED ABOUT 76 YEARS, 0CC: HOUSE WIFE,
R/O: QUATRESS NO. 365, KHOLAPUR CHOWK
MIRA.], TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
101. KURISHID BI KHAZI
D/O. LATE ABDUL KHADAR SAB KHAZI
AGED ABOUT 76 YEARS, CCC: HOUSE WIFE,
C/C: NIYEEM KHAZI, KHAZA BASTI, MIRAJM
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
102. SHAMSHAD JAMADA
D/O. LATE ABDUL KHADAR SAB KHAZI,
AGED ABOUT 42 YEARS, CCC: HOUSE WIFE,
R/O: BUDHAVAR PETH, OPP: KHATIBA GALLI,
VAIRANNA BAZAR, MIRAJ,
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
103. KURISHID AHMED KHAZI
Sb. LATE AZEEZ SAB KHAZI,
AGED ABOUT 61 YEARS, RETIRED GOVT.
SERVANT, R/O: SAMARTH NAGAR,
NEAR WARE HOUSE, KHOT PLOT, MIRAJ,
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
104. ZEREEN BEGUM KHAZI
W/O. LATE NAZEER AHEMD KHAZI,
AGED ABOUT 45 YEARS, HOUSE WIFE,
R/O: NO. 778, KHAZA BASTI,
18
NEAR OLD MASZID, MIRAJ,
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
105. IRSHAD AHMED KHAZI
S/C. LATE AZEEZ SAB KHAZI,
AGED ABOUT 44 YEARS, 0CC: BUSINESS,
RIO: NO. 778, KHAZA BASTI,
NEAR OLD MASZID, MIRAJ,
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
106. SHAMSHAD BEGAUM KHAZI
D/O. LATE AZEEZ SAB KHAZI,
AGED ABOUT 48 YEARS, 0CC: HOUSE WIFE,
R/O: NO. 793/1B, BARGARE PLOT,
MANIK NAGAR, CHILLI MATHUR RESIDENCE,
MIRAJ, TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
107. AMEER BI KHAZI
W/0. LATE KHAZA SAB KHAZI,
AGED ABOUT 70 YEARS, CCC: HOUSE WIFE,
R/O: BUDHAVAR PETH, OPP: KHATIB GALLI,
VAIRANA BAZAR, MIRA)
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
108. HAFIZ SAB KHAZI
S/C. LATE HABEEB SAB KHAZI,
AGED ABOUT 48 YEARS, GOVT. EMPLOYEE,
LOW OFFICE, MIRA),
TQ: MIRAJ, DIST: SANGLI,
STATE: MAHARASTRA.
109. GANISAB KHAZI S/C. BABULAL KHAZI,
AGED ABOUT 65 YEARS, BUSINESS,
DOR GALLI, MIRAJ,
TQ: MIRAJ, DIST: SANGLI,
19
STATE: MAHARASTRA.
110, AMMAJAN KHAZI
W/O. LATE SHAFI AHEMD KHAZI,
AGED ABOUT 45 YEARS, HOUSE WIFE,
R/O: BUDHAVAR PETH, OPP: KHATIB GALLI,
VAIRANA BAZAR, MIRAJ, TQ: MIRAJ,
DIST: SANGLI, STATE: MAHARASTRA.
111. ABDULAMEEZ SAB KHAZI
Sb. LATE BUDDE SAB KHAZI,
AGED ABOUT 66 YEARS, BUSINESS,
R/O: SUBHAS NAGAR ROAD, KAKAT NAKA,
AMMAN NAGAR, MIRAJ, TQ: MIRAJ,
DIST: SANGLI, STATE: MAHARASTRA.
112. BIBI ZAHEERABI KHAZI
W/O. LATE ABDUL MAZEED KHAZI,
AGED ABOUT 60 YEARS, HOUSE WIFE,
RIO: NEAR YASEEN MARKET, NAVARASPUR ROAD
BAGALKOT ROAD, BIJAPUR.
DIST: BIJAPUR.
113. KHATUNBI INAMDAR
D/O. LATE ABDUL KHADAR SAB KHAZI,
AGED ABOUT 74 YEARS, HOUSE WIFE,
R/O: DARBAR HOUSE, G.M.ROAD,
BIJAPU R,
DIST: BIJAPUR.
114. ALIYA INAMDAR D/O. MAMTAZABI KHAZI,
AGED ABOUT 32 YEARS, HOUSE WIFE,
DARBAR HOUSE, G.M. ROAD,
BIJAPUR.
115. FARZAAN ROZINADAR
D/O. MAMTAZABI KHAZI,
AGED ABOUT 27 YEARS, HOUSE WIFE,
DOOD KHEL, INDI TALUKA,
20
DIST: BIJAPUR.
116. RIYANA ROZINDAR D/O. MAMT
AZABI KHAZI,
AGED ABOUT 24 YEARS, HOUSE WI
FE,
KHAMANKHAN BAZAR, NEAR BA
DI KAMAN,
BIJAPUR, DIST: BIJAPUR.
117. ZAHEEDA KHATUN KHAZI
W/O. LATE SAIFUDDEN KHAZI,
AGED ABOUT 75 YEARS, HOUSE
WIFE,
C/O: PEERWALI NAWAB, BADI KAM
AN ROAD,
BIJAPUR, DIST: BIJAPUR.
118. IMTIYAZ S/C. LATE MAMTAZ
ABI KHAZI,
AGED ABOUT 45 YEARS, 0CC: BU
SINESS,
RIO: DARBAR HOUSE, G.M.ROAD,
BIJAPUR, DIST: BIJAPUR.
119. SAYYAD SALEMUDDIN SAIRK
HAZI
S/C. LATE ALLEMUDDIN KHAZI,
AGED ABOUT 62 YEARS, 0CC: BU
SINESS,
OPP: HOTEL KHOHINUR, NO. 605
,
K.R. ROAD, DAVANAGERE.
120. SAYYAD JALEELUDDIN KHAZ
I S/0.
LATE ALLEMUDDIN KHAZI,
AGED ABOUT 60 YEARS, 0CC: BU
SINESS,
A/P: HAVANUR, TQ & DIST: HAVE
RI.
121. RAMEEZA KHAZI W/0. LATE
BABAJAN KHAZI,
AGED ABOUT 65 YEARS, 0CC: HO
USE WIFE,
CTS NO. 9659/2, MAHANTESH NA
GAR,
NEAR BHARAMHAKUMARI ASHR
AYAM,
BELGAUM.
122. MAMTAZ KHAZI W/O. LAT
E ABBASALI KHAZI,
AGED ABOUT 5OYEARS, CCC: HO
USE WIFE,
R/O: PANTABALE KUNDRI,
21
TQ/DIST: BELGAUM.
123. ABDUL SATIAR KHAZI S/C. LATE GOU
SU SAB KHAZI,
AGED ABOUT 52 YEARS, 0CC: BUSINESS,
RIO: PANTABALE KUNDRI,
TQ/DIST: BELGAUM.
124. HASIMBI KHAZI
W/O. LATE ABDUL AZEEZ KHAZI,
AGED ABOUT 65 YEARS,
0CC: HOUSE WIFE,
R/O: PANTABALE KUNDRI,
TQ/DIST: BELGAUM.
125. BASHIR AHMED KHAZI
S/C. LATE AZEEZ SAB KHAZI,
AGED ABOUT 49 YEARS,
CCC: GOVT. SERVANT.
R/O: PANTABALE KUNDRI,
TQ/DIST: BELGAUM.
126. RIYAZ AHEMD KHAZI
S/C. LATE AZEEZ SAB KHAZI,
AGED ABOUT 38 YEARS,
0CC: BUSINESS,
R/O: PANTABALE KUNDRI,
TQ/DIST: BELGAUM.
127. MEHARUNISA ZIYAHUDDIN KHATIB
D/O. LATE ABDUL SAMAD
KHAZI, AGED ABOUT 65 YEARS,
HOUSE WIFE,
DOOR NO. 633, KHATIB WADA, RAVIVAR PET
H,
TQ/DIST: BELGAUM.
128. ZAREEN IQBAL KINIKAR
D/O. LATE ABDUL SAMAD KHAZI,
AGED ABOUT 65 YEARS,
HOUSE WIFE,
DOOR NO. 264, MUZAVAR GALLI,
BELGAUM, TQ/DIST: BELGAUM.
129. MUNSH ERA BEGAUM KHAZI
W/O. NAZEER AHAMED PEERZADE,
AGED ABOUT 50 YEARS, HOUSE WIFE,
RIO: SHRI NAGAR,
BELGAUM.
130. RAZIA A © RAJAGOLI
D/O. LATE ABDUL SAMAD KHAZI,
AGED ABOUT 48 YEARS, HOUSE WIFE,
CTS NO. 9659/2, MAHANTESH NAGAR,
NEAR BRAMHAKUMAR ASHRAM,
BELGAUM.
131. IMAM ZAFAR KHAZI
S/C. LATE ZAHOOR KHAZI,
AGED ABOUT 30 YEARS, BUSINESS,
NO. 1276, RAMALING, KHINDA GALLI,
RANGUBAI PALACE, BELGAUM.
DIST: BELGAUM.
132. NIGARSULTHANA BOJGAR
D/O. LATE ZAHOOR KHAZI,
AGED ABOUT 33 YEARS, HOUSE WIFE,
NO. 1276, RAMALING, KHINDA GALLI,
RANGUBAI PALACE, BELGAUM.
DIST: BELGAUM.
133. KHIZAR IMAM BOJGAR
S/C. LATE ZAHOOR KHAZI,
AGED ABOUT 28 YEARS, HOUSE WIFE,
NO. 1276, RAMALING, KHINDA GALLI,
RANGUBAI PALACE, BELGAUM.
DIST: BELGAUM.
23
134. SHAMIMA D/O. LATE ZAHEER KHA
ZI,
AGED ABOUT 20 YEARS, HOUSE WIFE,
NO. 1276, RAMALING, KHINDA GALLI,
RANGUBAI PALACE, BELGAUM.
DIST: BELGAUM.
135. SHABANA D/O. LATE ZAHOOR KHAZI,
AGED ABOUT 18 YEARS, HOUSE WIFE,
NO. 1276, RAMALING, KHINDA GALLI,
RANGUBAI PALACE, BELGAUM.
DIST: BELGAUM.
136. FAKEERALI SAB
Sb. KHADARSAB BIRADAR KHAZI,
AGED ABOUT 60 YEARS, AGRICULTURE,
A/P: HALE TORAGAL, TQ: RAMDURG,
DIST: BELGAUM.
137. SMT. ZAHIRABI
W/O. MIRJABEG © DADAJAN INAMDAR
AGE. 66 YEARS, CCC. AGRI., &
HOUSEHOLD WORK,
R/O. GOUDAWAD, TQ. HUKKERI,
DIST. BELGAUM.
RESPONDENTS
(BY SRI : H R GUNDAPPA, ADV. FOR R51
-R56, R125,
R126 & R137)
THIS WP IS FILED UNDER ARTICLES 226
AND 227 OF
THE CONSTITUTION OF INDIA, PRAYIN
G TO QUASH THE
IMPGUNED ORDER DATED:26/10/2011
PASSED ON I.A.N0.7
IN 0.S.N0.1/2011 BY THE SENIOR CIV
IL JUDGE RAMDURG
AT RAMDURG CLUBBING O.S.NO.28/201
0 VIDE ANNEXURE
F.
THIS PETITION COMING ON FOR ORDERS
THIS DAY,
THE COURT MADE THE FOLLOWING:
24
ORDER
This writ under Articles 226 and 227 of the Constitution of India is directed aga inst the Order passed by the Trial Court in O.S. 1/2011 vide Annexure-F clubbing O.S. No. 28/2010 on the file of same Court with O.S. No.1/2011 for common trial.
2. The grievance vented out by the petitioner is that respondent No. 137 in this petition had filed a suit for partition of properties for allocating to her half share in th 11 8 share of the petitioner in O.S. No. 28/2010, which suit is pending on the file of Civil Judge (Sr.Dn.), Ramdurg.
3. Respondent Nos. 1 to 136 in this writ petition also filed a separate suit for partition, subsequent to that suit in O.S. No. 1/2011. Subsequent suit is also now on the file of Civil Judge (Sr.Dn.) Ramdur g. At this stage, the petitioner herein has filed written statement contesting 25 O.S. No. 28/2010 denying that the plaintiff (respondent No.137 in this petition) has a share in the property described in the 'C' schedule to the plaint.
4. The respondent Nos. 1 to 136in this writ petition moved an application LA. No. 7 under Section 151 of C.P.C. requesting the Trial Co urt to club their suit 0.S. No. 1/2011 with 0.S. No. 28/ 2010. The learned Trial Judge rejected the objection of the writ petitioner and has allowed the application vid e Order Annexure-F, consequent to which, Order dat ed 26.10.2011, both the suits are clubbed.
5. The apprehension in the mind of the petitioner is not only there be procrastinatio n of the suit pending earlier, but also it may give rai se to several incidental additional issues making the proceedings more complicated than the simple issue that arise for consideration.
/ 26
6. This Order is impugned, the petitioner seeks for quashing.
7. At the outset, learned counsel for respondent Nos.
1 to 136 did endeavour his best to support the impugned Order contending parties are same, subject matter is same and the issue that may arise for consideration is same, but tried to deviate from the said stand when the attention was drawn to Section 10 of C.P.C. He would submit that the plaintiffs in O.S. No. 1/2011 are not defendants in o.s. 28/2011. He would further submit that one of the property i.e., 'B' Schedule property is not subject matter of the first suit for consideration. If this submission is accepted, that itself impacts the Order impugned.
8. Be that as it may, we are to consider whether a discretionary Order clubbing a case would be permissible, when there is statutory bar to be applied. Undoubtedly, 27 respondent's attention is drawn to Section 10 of C.P.C., which reads thus-
No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in 1 [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of '[India] established or continued by 2 [the Central Government] 3[***] and having like jurisdiction, or before 4 [the Supreme Court].
9. The case in O.S. No. 1/2011 being a subsequent suit between some of the parties to the earlier suit and involving substantially the properties in which they claim title, comes within the mischief of Section 10 of C.P.C.
and requires to be stayed till decision in the former instituted suit. Therefore, when the statute bars proceedings in subsequent suit, the Trial Court erred seriously in clubbing the earlier suit with the subsequently instituted suit thereby allowing dilution of the provisions of Section 10 of C.P.C. If this Order is sustained Section 10 of C.P.C., it will be rendered nugatory. Therefore, / 28 impugned Order at Annexure-F, passed, clubbing of both suits is quashed.
10. Trial Court shall take notice of Section 10 of C.P.C. while proceeding with the suits. With this observation, petition is disposed of.
JUDGE hnm*