Muyeed Pasha vs Smt Shamin Begum @ Shameem Begum
2023 Latest Caselaw 5695 Kant

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                                                         NC: 2023:KHC:29191
                                                       RFA No. 1539 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 17TH DAY OF AUGUST, 2023

                                          BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                        REGULAR FIRST APPEAL NO.1539 OF 2023 (SP)
                 BETWEEN:

                 MUYEED PASHA
                 AGED ABOUT 44 YEARS,
                 S/O SRI ABDUL SHAKOOR
                 R/AT NO.294, THIMMAIAH ROAD,
                 SHIVAJINAGAR,
                 BANGALORE-560 051.
                                                           ...APPELLANT
                 (BY SRI. BASAVARAJU BELAVANGALA., ADVOCATE)
                 AND:

                 1.    SMT SHAMIN BEGUM @ SHAMEEM BEGUM
                       AGED ABOUT 68 YEARS,
                       W/O LATE MD SHUJA UL HUQ
Digitally signed 2.    SRI FEROZE PASHA
by CHANDANA
                       AGED ABOUT 57 YEARS,
BM
                       S/O LATE MD SHUJA UL HUQ
Location: High
Court of         3.    SRI SIDDIQUE BASHA
Karnataka
                       AGED ABOUT 50 YEARS,
                       S/O LATE MD SHUJA UL HUQ

                       ALL ARE R/AT NO.294,
                       THIMMAIAH ROAD, SHIVAJINAGAR,
                       BENGALURU-560051
                                                            ...RESPONDENTS

                      THIS RFA IS FILED UNDER SEC.96 ORDER 41 RULE 1 OF
                 CPC., AGAINST THE JUDGMENT AND DECREE DATED
                 16.02.2023 PASSED ON IA IN OS NO.1514/2013 ON THE FILE
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                                                NC: 2023:KHC:29191
                                             RFA No. 1539 of 2023




OF XXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, REJECTING THE IA FILED UNDER ORDER VII
RULE 11(a), (b) AND (c) R/W SEC.151 OF CPC. FOR REJECTION
OF PLAINT.

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

                              JUDGMENT

Office has raised objection regarding maintainability

of the appeal. At this stage, learned counsel for the

appellant files a memo for withdrawing the appeal with

liberty to file a Civil Revision Petition.

2. The said submission and memo is placed on

record.

3. The appeal is dismissed as withdrawn with

liberty to file a Civil Revision petition.

4. Office is directed to return the documents to the

learned counsel for the appellant.

Sd/-

JUDGE SV