IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.99 OF 2024 (PAR)

BETWEEN:

1. K. SHEIK AHAMED S/O LATE KUTTY SAB AGED ABOUT 60 YEARS R/AT UPPERPET, KOPPA CHICKAMAGALURU DISTRICT-577126.

…APPELLANT (BY SRI. RAJESH RAO K., ADVOCATE)

AND:

1. MR. HASANABBA AGED ABOUT 66 YEARS S/O LATE KUTTY SAB @ KUTTY SAHEB COOLIE, R/AT KADLEMAKKI Digitally signed BALEHONNURU POST by DEVIKA M NARASHIMHARAJAPURA TALUK Location: HIGH COURT OF CHICKAMAGALURU DISTRICT-577123.

KARNATAKA

2. MR. SULEMAN AGED ABOUT 62 YEARS, S/O LATE KUTTY SAB @ KUTTY SAHEB R/AT NEAR GIRI INDUSTRIES MAIN ROAD, MELINAPETE, KOPPA CHICKAMAGALURU DISTRICT-577126.

3. MR. ISMAIL AGED ABOUT 60 YEARS S/O LATE KUTTY SAB @ KUTTY SAHEB R/AT NEAR GIRI INDUSTRIES MAIN ROAD, MELINAPETE, KOPPA, CHICKAMAGALURU DISTRICT-577126.

4. SMT SHARIFFA AGED ABOUT 55 YEARS, D/O LATE KUTTY SAB @ KUTTY SAHEB W/O K.M. YUSUF R/AT AGASARAKERI MELINAPETE, KOPPA CHICKAMAGALURU DISTRICT-577126.

5. MR. SYEDK AGED ABOUT 45 YEARS S/O LATE KUTTY SAB @ KUTTY SAHEB R/AT AGASARA BEEDI MELINAPETE, KOPPA CHICKAMAGALURU DISTRICT-577126.

6. MR. AHMED AGED ABOUT 43 YEARS S/O LATE KUTTY SAB @ KUTTY SAHEB R/AT NEAR GIRI INDUSTRIES MAIN ROAD, MELINAPETE, KOPPA CHICKAMAGALURU DISTRICT-577126.

7. SMT. GULZAR AGED ABOUT 41 YEARS, D/O LATE KUTTY SAB @ KUTTY SAHEB W/O UMMARABBA R/AT AGASARA BEEDI MELINAPETE, KOPPA CHICKAMAGALURU DISTRICT-577126.

8. SMT. AYUSHA W/O ISMAIL AGED ABOUT 47 YEARS R/AT KADLEMAKKI, BALEHONNUR N.R. PURA TALUK – 577134.

9. SMT. JEENATH W/O YUSUF AGED ABOUT 43 YEARS R/AT KODLEPETE KASTOOR VILLAGE SOMAVARPET TALUK MADIKERI DISTRICT–571231.

…RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.09.2023 PASSED IN R.A. NO.21/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA, ITINERATE AT KOPPA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.11.2022 PASSED IN O.S.NO.87/2015 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPA.

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is listed for admission and I have heard learned counsel for the appellant.

2. This appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court.

3. The factual matrix of the case of the plaintiff while seeking the relief of partition and separate possession is that plaintiff had filed the suit against the defendants for 2/3^rd share in the suit schedule property by metes and bounds as per Muslim Law. The plaintiff and defendants belong to Muslim Community and hence, the parties are bound by Mohammedan Personal Law and also contend that suit schedule properties are the family properties of the plaintiff and the defendants and the plaintiff has the share in the suit schedule properties as per Law of inheritance in Mohammedan and also entitled for 2/3^rd share in the suit schedule properties.

4. The defendants took the specific defence that mother had executed a gift deed and the property exclusively belongs to the defendants in view of execution of document.

5. The Trial Court considering both oral and documentary evidence, particularly considered the answer elicited from the mouth of D.W.1 that suit schedule Nos.1 and 3 belongs to his father and also admission is given that properties are standing in the name of mother and hence, she executed the document. The Trial Court also taken note of the fact that father died intestate and no testamentary document is executed by the father and also taken note of the fact that property belongs to Mohammedan and Mohammedan Personal Law prevails for sharing of property and also taken note of admissions and the reasons mentioned with regard to issue Nos.1 and 2 in paragraph Nos.50 and 51 and considered that the schedule properties belongs to one Kutti Sab. Though the properties were changed in the name of defendant