Ahmed Siddiqui S/O Mohammed ... vs Murkaji Jamatul Muslimin, ...
2022 Latest Caselaw 3135 Kant

              IN THE HIGH COURT OF KARNATAKA
                      DHARWAD BENCH

          DATED THIS THE 23RD DAY OF FEBRUARY 2022

                          BEFORE

     THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                  RSA.NO.5357/2012 (POS)
BETWEEN


1.   AHMED SIDDIQUI
     S/O MOHAMMED SIDDIQUI
     AGE: 65 YRS, R/O SHOP NO.41,
     WARD NO.IV, CHOWK BAZAR,
     MOHAMMEDALI ROAD,BHATKAL,
     DIST: UTTARA KANNADA

2.   MOHAMMED NAZIR
     S/O MOHAMMED SIDDIQUI
     AGE: 53 YRS, R/O NO.62,
     SULTAN STREET,BHATKAL,
     DIST: UTTARA KANNADA

3.   SMT.BIBI RABIYA
     W/O MOHAMMED FAROOQ SIDDIQUI
     AGE: 50 YRS, R/O NO.62,
     SULTAN STREET,BHATKAL,
     DIST: UTTARA KANNADA

4.   SMT.BIBI KHAIRUNNISA
     W/O ABDUL RAHEEM
     AGE: 45 YRS, R/O SIDDIQUI STREET,
     BHATKAL, DIST: UTTARA KANNADA

5.   SMT.BIBI SHAMIMBANU
     S/O MOHAMMED SHAHID
     AGE: 45 YRS, R/O NEAR S.M.B.GARDEN,
     SIDDIQUI STREET, BHATKAL,
     DIST: UTTARA KANNADA
                               2




6.    SMT.BIBI KHATIJA
      W/O MOHAMMED SIDDIQUI
      AGE: 70 YRS, R/O NEAR S.M.B.GARDEN,
      SIDDIQUI STREET, BHATKAL,
      DIST: UTTARA KANNADA
                                                  ... APPELLANTS

(BY SRI.SANGRAM S.KULKARNI, ADV.)


AND

MURKAJI JAMATUL MUSLIMIN,
KHALIFA STREET. BHATKAL,
REPTD. BY SECRETARY,
MOHAMMED MOHIUDDIN HUSSAINAKRAMI,
AGE: 85 YRS,
R/O KHALIFA STREET,BHATKAL,
DIST: UTTARA KANNADA
                                                 ... RESPONDENT


      THIS APPEAL IS FILED U/S.100 OF CPC., AGAINST THE

JUDGMENT   AND   DECREE   DATED     17.02.2012   PASSED   IN   RA

NO.40/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, HONNAVAR

(ITINERARY COURT, BHATKAL), DISMISSING THE APPEAL FILED

AGAINST THE JUDGMENT DATED 28.02.2006 AND THE DECREE

PASSED IN O.S. NO.68/2002 ON THE FILE OF THE CIVIL JUDGE

(JR.DN.) BHATKAL, DECREEING THE SUIT FILED FOR POSSESSION

AND RECOVERY OF RENT.


      THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:
                               3




                         JUDGMENT

Learned counsel for the appellants submits that

captioned second appeal is arising out of the concurrent

judgment and decree of the courts below wherein suit filed

by the respondent/landlord was decreed, which is

confirmed by the first appellate court.

Learned counsel for the appellants further submits

that since the appellants did not get any interim order at

the hands of this court, respondent/landlord has executed

decree and possession was taken long back. The said

submission is taken on record.

Accordingly, the appeal is dismissed as does not

survive consideration.

Sd/-

JUDGE MBS/-