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2025 Supreme(Online)(Kar) 32364

KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
SRI. SAMIULLA KHAN – Appellant
Versus
SRI. SIRAJUDDIN MACCI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. IRSHAD AHMED
For the Respondents: SRI. MOHAMED SAYEED

Table of Content
1. overview of parties and suit for partition (Para 1 , 2 , 4 , 10)
2. defendant's denial of claims and counterarguments (Para 5 , 6 , 11)
3. court's analysis on property acquisition and joint ownership (Para 12 , 13 , 19 , 20 , 32)
4. principles of mahomedan law and its application (Para 23 , 24 , 26 , 30 , 38 , 53)
5. final order on the appeals and legislative directive (Para 54)

CAV JUDGMENT

RFA No.935/2020 is filed by the appellants/plaintiffs challenging the judgment and decree dated 12.11.2019 passed in O.S.No.25162/2019 on the file of LXXII Additional City Civil and Sessions Judge at Mayo Hall, Bengaluru (hereinafter referred as ‘the Trial Court’), so far as lesser share granted in the suit schedule ‘B’ properties.

2. RFA Crob.No.33/2023 is filed by the cross objector/defendant challenging the judgment and decree dated 12.11.2019 passed in O.S.No.25162/2019 on the file of LXXII Additional City Civil and Sessions Judge at Mayo Hall, Bengaluru, thereby, challenging granting share of property in favour of appellants/plaintiffs and contended that the appellants/plaintiffs are not entitled any share in the suit schedule ‘A’ and ‘B’ properties. Therefore, against decreein

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