Syed Yasmeen vs Mubina Taz
2022 Latest Caselaw 5771 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF MARCH, 2022

                        BEFORE

          THE HON'BLE MR.JUSTICE R.NATARAJ

 REGULAR SECOND APPEAL NO.154 OF 2020 (DEC/INJ)


BETWEEN:

SYED YASMEEN
W/O MUNEER AHAMED,
AGED ABOUT 50 YEARS,
R/AT SYED GALLI,
CHIKKAMAGALURU-577 101.
                                   ...APPELLANT
(BY SRI. GIRISH B BALADARE, ADVOCATE)

AND:

1.     MUBINA TAZ
       W/O. ABDUL MUJIB,
       AGED ABOUT 44 YEARS,

2.     SHABEENA
       W/O ABDUL AZMATH,
       AGED ABOUT 48 YEARS,

3.     NAGEENA
       W/O. TANVEER,
       AGED ABOUT 42 YEARS,

4.     AURANG
       W/O. K. MUSTAFA,
       AGED ABOUT 41 YEARS,

       RESPONDENT NOs.1 TO 4 ARE
       THE RESIDENTS OF PATEL
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     BEEDHI
     DANTARAMAKKI
     CHIKKAMAGALURU - 577 101.

5.   TABASSAM
     W/O SYED AHAMED,
     AGED ABOUT 57 YEARS,

6.   SYED ADIL
     S/O SYED AHAMED,
     AGED ABOUT 40 YEARS,

7.   SYED AKHEEL
     S/O SYED AHAMED,
     AGED ABOUT 34 YEARS,

     RESPONDENTS 5 TO 7 OF
     R/AT OPPOSITE BILAL MASJID,
     TIPPUNAGAR,
     CHIKKAMAGALURU-577 101.
                                       ....RESPONDENTS

(NOTICE SERVED ON RESPONDENT NOS.1 TO 7)


     THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908
AGAINST THE JUDGMENT AND DECREE DATED 17.08.2019
PASSED IN R.A.NO.15/2019 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM, CHIKKAMAGALURU, ALLOWING
THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 16.01.2019 PASSED IN O.S NO.340/2013 ON THE FILE
OF THE C/c. PRINCIPAL CIVIL JUDGE AND JMFC.,
CHIKKAMAGALURU.

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

The learned counsel for the appellant has filed a

memo seeking permission of the Court to withdraw the

appeal as not pressed with liberty to the appellant to work

out his remedy in Final Decree proceedings.

Memo is placed on record.

The Appeal is dismissed as withdrawn with aforesaid

liberty, subject, however, to all limitations prescribed in

law.

Sd/-

JUDGE

sma