Shaik Javeed Pasha vs Razia
2023 Latest Caselaw 5517 Kant

                                              -1-
                                                        NC: 2023:KHC:28319
                                                     RSA No. 1193 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 10TH DAY OF AUGUST, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.1193 OF 2021 (PAR)


                   BETWEEN:

                   1.    SHAIK JAVEED PASHA
                         S/O. LATE SHAIK MOHIDEEN,
                         AGED ABOUT 51 YEARS,
                         R/AT 1838, 2ND CROSS,
                         HULLINABEEDHI,
                         K.R. MOHALLA,
                         MYSURU-570024.

                   2.    SHAIK USMAN
                         S/O. LATE SHAIK MOHIDEEN,
                         AGED ABOUT 54 YEARS,
Digitally signed
by SHARANYA T      3.    SHAIK HAMEED
Location: HIGH           S/O. LATE SHAIK MOHIDEEN,
COURT OF
KARNATAKA                AGED ABOUT 50 YEARS,

                         APPELLANT NOS.2 AND 3
                         R/AT DOOR NO.32/3, L-8,
                         N.R.MOHALLA,
                         MYSURU-570007.

                                                          ...APPELLANTS

                   (BY SRI VEERENDRAKUMAR, ADVOCATE FOR
                   SRI NAGARAJA S, ADVOCATE)
                         -2-
                                     NC: 2023:KHC:28319
                                RSA No. 1193 of 2021




AND:

1.   RAZIA
     W/O. LATE MUSTAQ AHMED,
     AGED ABOUT 68 YEARS,


2.   NASRULLA
     S/O. LATE MUSTAQ AHMED,
     AGED ABOUT 35 YEARS,

3.   NORULLA
     S/O. LATE MUSTAQ AHMED,
     AGED ABOUT 33 YEARS,

4.   SHAEEN
     D/O. LATE MUSTAQ AHMED,
     AGED ABOUT 31 YEARS,

5.   NARSEEN
     D/O. LATE MUSTAQ AHMED,
     AGED ABOUT 29 YEARS,

6.   AMMU
     D/O. LATE MUSTAQ AHMED,
     AGED ABOUT 27 YEARS,

     THE RESPONDENTS No.1 TO 6 ARE

R/AT NO.1838, 2ND CROSS, HULLINABEEDHI, K.R.MOHALLA, MYSURU-570024.

7. SURAIAH S/O. LATE ISMAIL, AGED ABOUT 42 YEARS,

8. BAKSH S/O. LATE ISMAIL, AGED ABOUT 36 YEARS,

NC: 2023:KHC:28319 RSA No. 1193 of 2021

9. AMMAN S/O. LATE ISMAIL, AGED ABOUT 33 YEARS,

10. SAFURABI W/O. LATE PASHA SAB, AGED ABOUT 47 YEARS,

11. ALTAF W/O. LATE SABULAL, AGED ABOUT 45 YEARS,

12. KHAYYUM W/O. LATE SABULAL, AGED ABOUT 38 YEARS,

13. MULLA S/O. LATE SABULAL, AGED ABOUT 36 YEARS,

THE RESPONDENTS NO.7 TO 13 ARE R/AT NO.1838, 2ND CROSS, HULLINA BEEDHI, K.R.MOHALLA, MYSURU-570024.

14. HASEENA BANU W/O. LATE SARDAR, AGED ABOUT 49 YEARS,

15. FIROZ PASHA S/O. LATE SARDAR, AGED ABOUT 29 YEARS,

ARE BOTH R/AT NO.1773, NEAR ADAM KHAN MASJID, K.R. MOHALLA, MYSURU-570024.

NC: 2023:KHC:28319 RSA No. 1193 of 2021

16. SAMIULLA S/O. LATE ZEENATH, AGED ABOUT 29 YEARS, R/AT NO.151, 1ST CROSS, SHANTHINAGAR, MYSURU-570019.

17. MUSHEERAJAN S/O. LATE SHAIK MOHIDDIN, AGED ABOUT 31 YEARS,

18. SHAIK UMMAR @ HARRON S/O. LATE SHAIK MOHIDDIN, AGED ABOUT 29 YEARS,

ARE R/AT NO.1838, 2ND CROSS, HULLINA BEEDHI, K.R. MOHALLA, MYSURU-570024.

19. SAHIDA S/O. LATE MUKTHAR, AGED ABOUT 45 YEARS,

20. ASIF PASHA S/O. LATE MUKTHAR, AGED ABOUT 29 YEARS,

21. AARIF PASHA S/O. LATE MUKTHAR, AGED ABOUT 29 YEARS,

ARE R/AT NO.1773, NEAR ADAM KHAN MASJID, K.R. MOHALLA, MYSURU-570024.

NC: 2023:KHC:28319 RSA No. 1193 of 2021

22. AKHILA D/O. LATE MOHIDDIN, AGED ABOUT 32 YEARS,

23. SHAHIDA W/O. LATE KHALIL, AGED ABOUT 48 YEARS,

24. ASLAM S/O. LATE KHALIL, AGED ABOUT 29 YEARS,

25. SALEEM S/O. LATE KHALIL, AGED ABOUT 29 YEARS,

26. RESHMA D/O. LATE KHALIL, AGED ABOUT 26 YEARS,

THE RESPONDENTS NO.22 AND 26 ARE R/AT NO.1838, 2ND CROSS, HULLINA BEEDHI, K.R.MOHALLA, MYSURU-570024.

27. SHAIK HUMAYUN D/O. LATE SHAIK MOHIDEEN, AGED ABOUT 49 YEARS, R/AT NO.32/3, L-8, N.R.MOHALLA, MYSURU-570007.

...RESPONDENTS

THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.02.2020 IN R.A.NO.624/2016 PASSED BY THE VII ADDL. DISTRICT JUDGE AT MYSURU AND ETC.

NC: 2023:KHC:28319 RSA No. 1193 of 2021

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

ORDERS

The learned counsel for the appellants has filed a

memo stating that the matter has been settled between

the parties in FDP No.11/2002 and hence, this appeal

stands infructuous. In view of the said memo, the appeal

is dismissed as having become infructuous.

Sd/-

JUDGE

SN