In a recent decision, the Texas Court of Appeals denied a petition for writ of mandamus filed by Shiekh Ansar Ali and Fozia Ansar. The couple sought to challenge a trial court's order that allowed the expungement of a notice of lis pendens. This ruling affects the Ansars as they continue their legal battle against Zehraben Momin in a separate case.
The court issued its opinion on September 11, 2026, and the docket number for this case is 01-26-00886-CV. The decision is significant because it highlights the court's stance on the use of mandamus as a legal tool in disputes involving property notices.
Background
The parties involved in this case are Shiekh Ansar Ali and Fozia Ansar, who are the relators, and Zehraben Momin, the respondent. The dispute centers around a notice of lis pendens, which is a legal notice indicating that a property is subject to litigation. The Ansars filed their petition after the trial court granted Momin's motion to expunge this notice.
This case is part of a larger legal battle, Sheikh Ansar Ali and Fozia Ansar v. Zehraben Momin, which is currently pending in the 240th District Court of Fort Bend County, Texas. The Honorable Surendran Pattel presides over that case. The Ansars sought the writ of mandamus in the appellate court to challenge the trial court's decision regarding the lis pendens.
The Ruling
The Texas Court of Appeals ruled against the Ansars, stating that their petition for writ of mandamus was denied. The court's ruling indicates that the trial court's decision to expunge the notice of lis pendens was upheld. The opinion was issued per curiam, meaning it was delivered by the court as a whole rather than by a single judge.
The court ruled, "We deny the petition. Any pending motions are dismissed as moot."
This ruling emphasizes the court's authority in managing the expungement of notices of lis pendens and the limitations of mandamus petitions in such cases.
Impact
This decision has important implications for the Ansars as they navigate their ongoing legal dispute with Momin. By denying the mandamus petition, the court has effectively upheld the trial court's ruling, which may hinder the Ansars' ability to assert claims related to the property in question. The ruling may also influence how similar cases are handled in the future, particularly regarding the use of lis pendens notices in Texas.
The court's decision reinforces the idea that mandamus relief is not always available in disputes over property notices. This could set a precedent for future cases where parties seek to challenge trial court decisions through mandamus petitions.
What's Next
Following this ruling, the Ansars may have limited options for further legal recourse. They could potentially appeal the decision, but details were not available in the court filing regarding any plans for further action. The ongoing case against Momin will continue in the lower court, where the Ansars will need to navigate the implications of this ruling.