Mohammed Raffique S/O. Galbusab ... vs Ashok S/O. Veerabhadrappa ...
2021 Latest Caselaw 3064 Kant

      IN THE HIGH COURT OF KARNATAKA
        DHARWAD BENCH AT DHARWAD

      DATED THIS THE 30TH DAY OF JULY, 2021

                     BEFORE

THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

       R.S.A.NO.5924 OF 2012 (DEC & INJ.)

BETWEEN

MOHAMMED RAFFIQUE
S/O. GAIBUSAB BISTI
AGE: 35 YEARS, OCC: PREETI BAKERY
R/O AZAD PARK ROAD,
DHARWAD
                                    ...APPELLANT
(BY SRI.SATHISH M.S., ADV.)

AND

1 . ASHOK
S/O. VEERABHADRAPPA BELLAKKI
AGE: MAJOR, OCC: BUSINESS
R/O. APMC YARD, DHARWAD-580008

2 . SHAMSHABEGUM
S/O. ABDUL MAJID KHAZI
AGE: MAJOR, OCC: BUSINESS
R/O. CIVIL HOSPITAL ROAD,
DHARWAD-580008

3 . BEBEE AYISAH
W/O. JUVER AHAMMAD GOKAK
AGE: MAJOR, OCC: BUSINESS
R/O. JUVER AHAMMAD GOKAK, ADVOCATE,
BAILHONGAL,
DIST: BELGAUM -591102
                      2



4 . TAHEERA BAGUM W/O. MYSORE
AGE: MAJOR, OCC: BUSINESS
R/O.CIVIL HOSPITAL ROAD,
DIST: DHARWAD-580008.

5 . MOHIYUDDINSAHEB
S/O. ABDUL MAJID KAHZI
AGE: MAJOR, OCC: BUSINESS,
R/O.CIVIL HOSPITAL ROAD,
DIST: DHARWAD-580008

6 . ISSAR AHMMEAD
@ UNUS ABDUL MAJID KHAZI
AGE: MAJOR, OCC: BUSINESS
R/O.CIVIL HOSPITAL ROAD,
DIST: DHARWAD-580008

7 . MOHINUDDIN ABDUL MAJID KHAZI
AGE: MAJOR, OCC: BUSINESS
R/O.CIVIL HOSPITAL ROAD,
DIST: DHARWAD-580008

8 . HAZARATBI
D/O. ABDUL MAJID KHAZI
AGE: MINOR, OCC: STUDENT,

9 . GOUSIYA BEGUM
D/O. ABDUL MAJID KHAZI
AGE: MINOR, OCC: STUDENT,

10 . MANJURNAWAD
S/O. ABDUL MAJID KHAZI
AGE: MINOR, OCC: STUDENT,

RESPONDENT NOS.8, 9 AND 10 ARE MINORS
REPRESENTED BY HIS MOTHER
SHAMSHABEGUM
W/O. ABDUL MAJID KHAZI
AGE: MAJOR, OCC: BUSINESS
R/O.CIVIL HOSPITAL ROAD,
DIST: DHARWAD-580001
                             3




11 . PRAKASH
S/O. DEVANAGOUDA MALLANGOUDAR
AGE: 36 YEARS, OCC: BUSINESS
R/O. BHOGI GALLI,
NEAR LAXMI TALKIES,
DHARWAD-580001


12. TABASUM ABDUL MAJID KHAZI
AGE:35 YEARS, OCC: BUSINESS
R/O CIVIL HOSPITAL ROAD,
DHARWAD-580001
                                       ...RESPONDENTS

(BY SRI.P N HOSAMANI FOR C/R NO.11)


       THIS RSA IS FILED UNDER SECTION 100 OF
C.P.C.    AGAINST    THE    JUDGMENT    AND    DECREE
DATED 16.08.2012 PASSED IN R.A.NO.68/2007 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE
AND      CJM   DHARWAD     DISMISSING    THE   APPEAL
FILED AGAINS THE JUDGMENT DATED 27.06.2007
AND THE DECREE PASSED IN EXECUTION CASE
NO.22/2003 ON THE FILE OF THE II ADDL. CIVIL
JUDGE(JR.DN.)       JMFC-II, DHARWAD DISMISSING
THE I.A. NO.XLI FILED BY THE THIRD PARTY.


       THIS APPEAL COMING ON FOR ADMISSION
THIS      DAY,   THE       COURT   DELIVERED      THE
FOLLOWING:
                            4


                     : ORDER :

Learned counsel for appellant has filed a

memo stating that by virtue of judgment and

decree passed in the suit as well as in Regular

Appeal for execution of decree E.P.No.22/2003

on the file of the II Addl. Civil Judge (Jr.Dn) &

JMFC-II Dharwad, was filed and now the said

E.P.No.22/2003 has been closed in full

satisfaction of the decree. Therefore,

submitted the present appeal does not survive

for consideration.

2. Memo is placed on record.

3. In view of the memo, appeal is dismissed

as having become infructuous.

Sd/-

JUDGE

Hmb