Mohammed Ismail vs Sangaram Singh
2021 Latest Caselaw 1905 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF APRIL, 2021

                        PRESENT

        THE HON'BLE MR. JUSTICE B.VEERAPPA

                        AND

 THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

                R.F.A NO.381/2013

BETWEEN:

MOHAMMED ISMAIL
S/O LATE HANEEF SAB
AGED ABOUT 55 YEARS
JONIGARA BEEDHI
SRIRANGAPATNA
PRESENTLY R/A No.2098
2ND STAGE, 2ND PHASE
NEAR RING ROAD,
RAJEEVA NAGAR
MYSORE - 570 009.                    ...APPELLANT

(BY SRI M J ALVA, ADVOCATE)

AND:

1 . SANGARAM SINGH
S/O LATE KRISHNA SINGH
AGED ABOUT 60 YEARS
No.58, 3RD MAIN
VYALIKAVAL, MALLESHWARAM
                                  2



BENGALURU - 560 003.

2 . A.J. BALASUBRAMANYA
S/O LATE M.K. ANJANAPPA
AGED ABOUT 43 YEARS
No.496/A, 11TH CROSS
SHIVAJI MAIN, N.R. MOHALLA
MYSORE - 570 002.                                ...RESPONDENTS

(BY SRI R A DEVANAND, ADVOCATE
 FOR R1 & R2)

     THIS RFA IS FILED UNDER SECTION 96(1) AND
ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND
DECREE DATED 7.12.2012 PASSED IN O.S.No.614/2007
ON THE FILE OF PRINCIPAL JUDGE, SMALL CAUSES AND
SENIOR CIVIL JUDGE, MYSORE, DISMISSING THE SUIT
FOR PARTITION AND SEPARATE POSSESSION, MESNE
PROFITS, DECLARATION AND PERMANENT INJUNCTION.

     THIS RFA COMING ON FOR HEARING, THIS DAY,
B.VEERAPPA J., DELIVERED THE FOLLOWING:

                           JUDGMENT

Plaintiff filed the present appeal against the

impugned judgment and decree dated 07-12-2012

made in O.S.No.614/2007 on the file of the Principal

Judge, Small Causes and Senior Civil Judge, Mysore,

dismissing the suit for partition and separate

possession, mesne profits, declaration and permanent

injunction.

2. Learned counsel for appellant filed a memo

for withdrawal dated 10-12-2020 duly signed by the

appellant-Mohammed Ismail and Shri. M.J.Alva

counsel for the appellant, which reads as under:

"The appellant submits as follows:

1. The appellant has filed the above appeal against the judgment and decree of dismissal of his suit in OS No.614/2007 passed by the Trial Court on 07.12.2012. This Hon'ble Court was pleased to admit the appeal on 25.11.2014 and the matter is now pending for final hearing.

2. The appellant submits that the respondent No.2 had filed the suit against him in OS No.108/2008 before the Hon'ble I Additional Senior Civil Judge, Mysuru, in respect of a portion of the suit schedule property which came to be compromised on 19.2.2018 whereupon the appellant had agreed and undertook to withdraw the above appeal as settled out of court. The appellant and the respondent No.1 had jointly purchased suit schedule property on 25.11.2004 out of which the respondent No.1

had sold half portion to the respondent No.2 without the consent or knowledge of the appellant which led to the filing of the suit in the Trial Court for division. During the pendency of the above appeal by virtue of the compromise the appellant has sold his part of half share in the suit schedule property to the respondent No.2 and therefore the appeal has become infructuous. A copy of the compromise decree is herewith produced.

Wherefore, the appellant prays that this Hon'ble Court be pleased to dismiss the above appeal as withdrawn in the ends of justice."

3. In view of the above, the appeal is dismissed

as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

tsn*