Gousemohiddin S/O Ibrahimsab ... vs Mohammadgouse S/O Ibrahimsab ...
2021 Latest Caselaw 2861 Kant

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     0IN THE HIGH COURT OF KARNATAKA
              DHARWAD BENCH

 DATED THIS THE 19TH DAY OF JULY, 2021

                      PRESENT

     THE HON'BLE MR. JUSTICE R.DEVDAS

                        AND

     THE HON'BLE MS. JUSTICE J.M.KHAZI

     R.F.A.NO.100281/2015 (DEC/PAR & SP)


BETWEEN:

GOUSEMOHIDDIN
S/O IBRAHIMSAB KILLEDAR
AGED ABOUT 65 YEARS
OCC: BUSINESS
R/O GARDENPETH,
IDLI ONI, HUBBALLI
TQ HUBBALLI, DIST DHARWAD
                                            ...APPELLANT

(BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)


AND:

1.     MOHAMMADGOUSE
       S/O IBRAHIMSAB KILLEDAR
       AGED ABOUT 69 YEARS, OCC: BUSINESS
       R/O YETTINAGUDDA, DHARWAD
       TQ DHARWAD 580 008
                          2




2.   RIYAZAHEMAD S/O IBRAHIMSAB KILLEDAR
     AGED ABOUT 51 YEARS, OCC: SERVICE
     R/O:C/O:C.V.NAIK
     REVENUE DEPARTMENT,
     4TH CROSS, SONAPUR,
     MAAHABOOB NAGAR, DHARWAD
     SINCE DECEASED BY LRs

     2(a) SAIRABAHU
          W/o.RIYAZAHEMAD KILLEDAR
          AGE: 48 YEARS, OCC: HOUSEHOLD WORK
          R/O. 9TH CROSS, SONAPUR
          MAHABOOBNAGAR, DHARWAD 580008

     2(b) SAIZ, S/O.RIYAZAHEMAD KILLEDAR
          AGE: 24 YEARS, OCC: STUDENT
          R/O. 9TH CROSS, SONAPUR
          MAHABOOBNAGAR, DHARWAD 580008

     2(c) JAIN, D/O. RIYAZAHAMED KILLEDAR
          AGE: 22 YEARS, OCC: STUDENT
          R/O. 9TH CROSS, SONAPUR
          MAHABOOBNAGAR, DHARWAD 580008

3.   SMT.SHAJADBEE
     W/O HUSSENSAB KALLIMANI
     AGED ABOUT 75 YEARS
     OCC:HOUSEHOLD WORK
     R/O:MALAPUR, KARIKATTI ONU,
     DHARWAD 580008

4.   SMT.MAHABOOBI
     W/O MOHAMMADHUSSEN SOMANAKOPPA
     AGED ABOUT 58 YEARS
     OCC:HOUSEHOLD WORK
     R/O:C/O:BAIGANAPALLI HOUSE,
     OPP:BALAJI KIRANI GENERAL STORE,
     SURABHI NAGAR,
     MANUNATH CROSS ROAD,
     HUBBALLI 580008
                          3




5.   SMT. JAIBUNNISA
     W/O IMAMHUSSEN MATIGAR
     AGED ABOUT 78 YEARS
     OCC:HOUSEHOLD WORK
     R/O:H.NO:93, RAZA TOWN,
     4TH CROSS, NEAR MOSQUE,
     ISLAMPUR ROAD,
     HUBBALLI 580008

6.   SMT.JAHEDA
     W/O ALLAUDDIN KANAKUDATI
     AGED ABOUT 61 YEARS
     OCC: HOUSEHOLD WORK
     R/O:B/6, 1ST CROSS,
     KRISHNAPUR, NEAR INDI PETROL PUMP,
     BEHIND POLICE STATION,
     KARWAR ROAD,
     HUBBALLI 580008

7.   SHOYAB
     S/O GOUSEMOHIDDIN KILLEDAR
     AGED ABOUT 28 YEARS
     OCC:BUSINESS
     R/O:GARDENPETH, IDLI ONI,
     HUBBALLI 580008

8.   MUSTAB JUBER
     S/O GOUSEMOHIDDIN KILLEDAR
     AGED ABOUT 24 YEARS
     OCC:BUSUINESS
     R/O:GARDENPETH,
     IDLI ONI, HUBBALLI 580008

9.   SMT.RIYANABEGUM
     W/O MOHAMMADGOUSE KILLEDAR
     AGED ABVOUT 56 YEARS
     OCC:HOUSEHOLD WORK
     R/O:YETTINAGUDDA,
     DHARWAD TQ:DHARWAD 580008
                            4




10.   MOHAMMADALI KILLEDAR
      AGED ABOUT 38 YEARS
      OCC:BUSINESS
      R/O:YETTINAGUDDA, DHARWAD
      TQ:DHARWAD 580008

11.   ABDULNABI S/O MOHAMMADGOUSE KILLEDAR
      AGED ABOUT 34 YEARS
      OCC:BUSINESS
      R/O:YETTINAGUDDA, DHARWAD
      TQ:DHARWAD 580008

12.   JAFARSADIK
      S/O MOHHAMMADGOUSE KILLEDAR
      AGED ABOUT 32 YEARS
      OCC:BUSINESS
      R/O:YETTINAGUDDA, DHARWAD
      TQ:DHARWAD
                                       ...RESPONDENTS

(BY SRI. R. H. ANGADI, ADV. FOR R1 - R4 & R9 - R12;
 SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R3, R4;
 R2A-C - SERVICE HELD SUFFICIENT;
 R5 - R8 - SERVED & UNREPRESENTED)
                           ---

      THIS RFA IS FILED U/S. 96 OF CPC, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 25.11.2015,
PASSED IN O.S.NO.167/2012 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL
MAGISTRATE, DHARWAD, DISMISSING THE SUIT FILED FOR
DECLARATION      AND    PARTITION    AND     SEPARATE
POSSESSION.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY,
R.DEVDAS J., MADE THE FOLLOWING:
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                                ORDER

R.DEVDAS J., (ORAL):

Learned counsel for the appellant has filed a memo

dated 15.07.2021 along with a verifying affidavit of

Sri.Gousemohiddin S/o. Ibrahimsab Killedar, the appellant

herein, stating that the matter has been settled out of the

Court by the intervention of elders and family members.

Therefore, leave is sought to withdraw the appeal.

Learned counsel for respondent No.1 submits that, he

has received the copy of the memo along with the verifying

affidavit.

Consequently, the appeal stands dismissed as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE gab