Smt. Imambi W/O Late Shaikh ... vs Shaikh Mahimood S/O Late Shaikh ...
2022 Latest Caselaw 5185 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 22ND DAY OF MARCH 2022

                         PRESENT

     THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                            AND

 THE HON'BLE MR.JUSTICE ANANT RAMANATH HEGDE


        REGULAR FIRST APPEAL NO.5002/2011

Between:

1.    Smt. Imambi W/o Late Shaikh
      Kamruddin Saheb

      Since deceased by her LRs i.e
      Respondent Nos.1 and 2 herein

2.    Smt. Saleemabee W/o Abbas Miyan
      Age: 50 years, Occ: Household
      R/o: M.S.K.Mill, Gulbarga

3.    Smt. Shahajadi W/o Saifansab
      Aged about: 40 years, Occ: Household
      R/o: M.S.K.Mill, Gulbarga

4.    Smt. Jahedabee W/o Mehaboob Sab
      Age: 35 years, Occ: Household
      R/o: Afzalpur, Dist: Gulbarga
                                               ... Appellants

(By Sri B.V. Jalde & Sri R.J.Bhusare, Advocates;
Steps to bringing the LRs of appellant No.1 is dispensed with
V/o dated:19/03/2021)
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And:

1.     Shaikh Mahimood S/o Late Shaikh
       Kamruddin Saheb
       Aged about: 68 years, Occ: Tailor
       R/o: Jeelanabad, Gulbarga

2.     Mohammed Hussain S/o Late Shaikh
       Kamruddin Saheb
       Age: 59 years, Occ: Agriculture
       R/o: Hirapur, Gulbarga

3.     Mustafa S/o Shaik Akbar
       Aged About: 31 years, Occ: Agriculture
       R/o: Hirapur, Gulbarga

4.     Meharaj Patel S/o Khaja Patel
       Aged about: 60 years, Occ: Agriculture
       R/o: Tawargera, Tq and Dist: Gulbarga

                                                ... Respondents

(By Sri Baburao S.Mangane & Smt. Neeva M.Chimkod,
Advocates for R1;
R2 is served;
Sri R.S.Sidhapurkar, Advocate for R3;
Sri Ravi B.Patil, Advocate for R4 )

       This Regular First Appeal is filed under Order 43 Rule
1 of Code of Civil Procedure, praying to allow the present
appeal and set aside the judgment and decree passed in O.S
No.341/2007 on the file of I Additional Civil Judge (Sr. Dn)
at Gulbarga by an order dated: 01.06.2010.

       This appeal coming on for final hearing this day,
K. Somashekar J., delivered the following:
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                      JUDGMENT

Learned counsel Sri B.V. Jalde for the appellants

filed a memo dated 22.03.2022 seeking leave of this

Court to withdraw the present appeal stating that the

present appeal is filed challenging the judgment and

decree dated 01.06.2010 in O.S.No.341/2007 passed by

the I Addl. Civil Judge (Sr.Dn.) at Gulbarga. The

appellants have filed the said suit seeking the relief of

partition, separate possession and for injunction. It is

further stated that the suit in O.S.No.232/1996 was

dismissed for non-prosecution. Hence, Misc. Application

No.98/2005 was filed and during the pendency of the

said miscellaneous petition, O.S.No.341/2007 was filed

before the I Addl. Civil Judge (Sr.Dn.) Gulbarga and now

said aforesaid miscellaneous application came to be

allowed and the earlier suit in O.S.No.232/1996 is

restored to its original file. Hence, he sought permission

of this Court to withdraw the present appeal.

2. The said memo is placed on record.

3. In view of the memo, the present appeal is

dismissed as withdrawn.

SD/-

JUDGE

SD/-

JUDGE BL