Imamsab S/O Doddahasansab Malagi vs Dadebi W/O Mehaboobsab ...
2022 Latest Caselaw 11503 Kant

                                                   -1-




                                                                RFA No.632/2007


                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 23RD DAY OF AUGUST, 2022

                                                 BEFORE

                                   THE HON'BLE MR. JUSTICE H.P.SANDESH

                               REGULAR FIRST APPEAL NO.632/2007 (PAR/DEC)

                        BETWEEN:

                        1.   IMAMSAB,
                             S/O DODDAHASANSAB MALAGI,
                             AGED 45 YEARS,
                             OCC: AGRICULTURIST,
                             R/O SINGANAHALLI TALUK AND
                             DISTRICT DHARWAD-580 001.

                        2.   RAJESAB,
                             S/O DODDAHASANSAB MALAGI,
                             AGED 43 YEARS,
                             OCC:AGRICULTURIST,
                             R/O SINGANAHALLI TALUK AND
                             DISTRICT DHARWAD-580 001.

                        3.   HASANSAB,
                             S/O DODDAHASANSAB MALAGI,
          Digitally signed
          by J MAMATHA       AGED 42 YEARS,
J         Location:
MAMATHA   Dharwad            OCC:AGRICULTURIST,
          Date: 2022.08.25
          10:31:17 +0530     R/O SINGANAHALLI TALUK AND
                             DISTRICT DHARWAD-580 001.

                        4.   DADESAB @ DADAPEER,
                             S/O DODDAHASANSAB MALAGI,
                             AGED 40 YEARS,
                             OCC:AGRICULTURIST,
                             R/O SINGANAHALLI TALUK AND
                             DISTRICT DHARWAD-580 001.

                        5.   FAKEERSAB,
                             S/O DODDAHASANSAB MALAGI,
                            -2-




                                        RFA No.632/2007


     AGED 38 YEARS,
     OCC:AGRICULTURIST,
     R/O SINGANAHALLI TALUK AND
     DISTRICT DHARWAD-580 001.
                                            ...APPELLANTS

           (BY SRI SATISH S. RAICHUR, ADVOCATE)

AND:

1.   DADEBI,
     W/O MEHABOOBSAB KAMBARGANAVI,
     AGED 32 YEARS,
     OCC:HOUSEHOLD WORK,
     R/O SINGANAHALLI TALUK AND
     DISTRICT DHARWAD-580 001.

2.   PEERSAB,
     S/O PEERSAB MALAGI,
     AGED 46 YEARS,
     OCC:AGRICULTURIST,
     R/O SINGANAHALLI TALUK AND
     DISTRICT DHARWAD-580 001.

3.   MEHABOOB-BI,
     W/O SANHASSANSAB MALAGI,
     AGED 42 YEARS,
     OCC:HOUSEHOLD WORK,
     R/O SINGANAHALLI TALUK AND
     DISTRICT DHARWAD-580 001.
                                          ...RESPONDENTS

           (BY SRI S.M. KALWAD, ADVOCATE FOR R-1,
       R-2 DECEASED; R-3 SERVED AND UNREPRESENTED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGEMENT AND DECREE DATED 18.01.2007 PASSED IN
OS.NO.25/1998 ON THE FILE OF THE II ADDL.CIVIL JUDGE
(SR.DN.) DHARWAD, DECREEING THE SUIT FOR PARTITION
AND DECLARATION.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING.
                              -3-




                                           RFA No.632/2007


                      JUDGMENT

The learned counsel for the appellants has filed a memo

for withdrawal of the appeal stating that respondent No.1 and

others have executed a registered release deed in favour of

appellant No.1 during the pendency of the present appeal and

under the circumstances, the present appeal does not survive

for consideration.

2. In view of the memo, the appeal is dismissed as

infructuous.

(Sd/-) JUDGE

MD