Mohammed Azharuddin S/O Late ... vs Ameena Bee W/O Late Mohd. ...
2021 Latest Caselaw 6899 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

  DATED THIS THE 20TH DAY OF DECEMBER, 2021

                      BEFORE

        THE HON'BLE MR.JUSTICE M.G.S.KAMAL

                 RSA No.7024/2011


BETWEEN:

MOHAMMED AZHARUDDIN
S/O LATE MOHAMMED SIRAJUDDIN KHALID
AGE: 24 YEARS OCC: AGRICULTURE
R/O: H.NO.1-11-156/1,
STATION AREA, RAICHUR.
                                   ... APPELLANT

(BY SRI. GANESH S. KALABURAGI, ADVOCATE)

AND:

01.    AMEENA BEE
       W/O LATE MOHD. SIRAJUDDIN KHALID
       AGE: 41 YEARS OCC: HOUSEHOLD
       R/O:H.NO.12-12-128/1
       HAJI COLONY, RAICHUR.

02.    ZABEN
       D/O LATE MOHAMMED SIRAJUDDIN KHALID
       AGE: 18 YEARS

03.    MOHAMMED ILIYAS
       S/O LATE MOHAMMED SIRAJUDDIN KHALID
       AGE: 15 YEARS, MINOR
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04.   MOHAMMADEE
      D/O LATE MOHAMMED SIRAJUDDIN KHALID
      AGE: 13 YEARS OCC: MINOR
      R3 AND R4 ARE MINORS ARE REPRESENTED
      BY THEIR NATURAL GUARDIAN MOTHER
      R1-AMEENA BEE)

05.   BEEBI W/O LATE MOHAMMED MOOSA MIYAN
      AGE: 65 YEARS OCC: HOUSEHOLD
      R/O: H.NO.5-9-33,
      JHANIYA MOHALLA
      RAICHUR.                   ... RESPONDENTS

(THE LEARNED COUNSEL FOR THE R1 TO R3 HAS
BEEN ELEVATED AS HIGH COURT JUDGE
R3 AND R4 ARE MINORS REPRESENTED BY R1)


      THIS RSA IS FILED UNDER SECTION 100 OF CODE

OF CIVIL PROCEDURE PRAYING TO ALLOW THIS APPEAL

AND SET-ASIDE THE JUDGMENT AND DECREE DATED

26.10.2010 PASSED IN R.A.NO.31/2010 BY THE LEARNED

FAST TRACK JUDGE-I AT RAICHUR, CONFIRMING THE

JUDGMENT AND DECREE DATED 20.01.2010 PASSED IN

O.S.NO.235/2006 BY THE LEARNED ADDL. SENIOR CIVIL

JUDGE AND JMFC-I AT RAICHUR AND TO GRANT ANY

OTHER APPROPRIATE RELIEF.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:-
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                        JUDGMENT

The appellant is present before this Court.

02. The learned counsel for the appellant has filed

a memo seeking withdrawal of the appeal. The said memo

is signed by the appellant personally and identified by the

learned counsel for the appellant.

03. The said memo is taken on record.

04. Hence, the appeal is dismissed as withdrawn.

Sd/-

JUDGE

KJJ