Maqbool Ahmed And Anr vs Imam Sab And Ors
2023 Latest Caselaw 11097 Kant

Karnataka High Court

Maqbool Ahmed And Anr vs Imam Sab And Ors on 19 December, 2023

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                            -1-
                                                  NC: 2023:KHC-K:9339
                                                   MFA No. 203384 of 2023




                            IN THE HIGH COURT OF KARNATAKA

                                   KALABURAGI BENCH

                        DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                         BEFORE
                          THE HON'BLE MR. JUSTICE M.G.S. KAMAL


                    MISCL. FIRST APPEAL NO. 203384 OF 2023 (CPC)


                   BETWEEN:

                   1.   MAQBOOL AHMED
                        S/O LATE HYDER SAB BAGWAN,
                        AGE 75 YEARS, OCC: AGRICULTURE,

                   2.   CHOTU
                        S/O LATE HYDER SAB BAGWAN,
                        AGE: 56 YEAR, OCC: AGRICULTURE,

                        BOTH ARE R/O KHATAK CHINCHOLI,
                        TQ. BHALKI,
Digitally signed        DIST, BIDAR
by LUCYGRACE
Location: HIGH                                             ...APPELLANTS
COURT OF
KARNATAKA
                   (BY SMT. HEMA L. KULKARNI AND
                    SRI LAXMIKANT H.K., ADVOCATES)

                   AND:

                   1.   IMAM SAB
                        S/O LATE HYDER SAB BAGWAN,
                        AGE: 72 YEAR, OCC: AGRICULTURE,
                          -2-
                               NC: 2023:KHC-K:9339
                                MFA No. 203384 of 2023




2.   ABDUL RASHEED
     S/O LATE HYDER SAB BAGWAN,
     AGE: 70 YEARS, OCC: AGRICULTURE,

3.   BASHEER AHMED
     S/O LATE HYDER SAB BAGWAN,
     AGE: 60 YEARS, OCC: AGRICULTURE,

4.   RAFEEQ
     S/O LATE HYDER SAB BAGWAN,
     AGE: 51 YEAR OCC: AGRICULTURE,

     ALL ARE R/O: KHAKAT CHINCHOLLI,
     TQ. BHALKI,
     DIST. BIDAR-585401.

5.   PASHA BEE
     W/O DASTAGEER SAB BAGWAN,
     AGE: 71 YEARS, OCC: HOUSEHOLD,

6.   MUNNA BEE
     W/O ABDUL RAFEEQ BAGWAN,
     AGE: 68 YEARS, OCC: HOUSEHOLD,

7.   SHAMEERA BEE
     W/O MASAHQ SAB,
     AGE: 61 YEARS, OCC: HOUSEHOLD,

     R1 TO R7 ARE R/O
     HYDERABAD T.S,
     H.NO.10-4-13/274,
     ADDAGULTA EAST MARRED PALLY,
     NEAR GANESH MANDIR,
     SECUNDRABAD,
     HYDERABAD-500001.

8.   MOHD AYUB
     S/O GHUDU SAB BAGWAN,
     AGE: 43 YEARS, OCC: AGRICULTURE,
                              -3-
                                     NC: 2023:KHC-K:9339
                                      MFA No. 203384 of 2023




9.   KHAJA ALI @ BABA
     S/O GHUDU SAB BAGWAN,
     AGE: 40 YEARS, OCC: AGRICULTURE,

     R8 & R9 ARE R/O KHATAK CHINCHOLLI,
     TQ. BHALKI-585401.
                                     ...RESPONDENTS

(BY SRI K.M. GHATE, ADVOCATE FOR R1 & R3;
 R4, R8 & R9 - SERVED)

     THIS MFA IS FILED UNDER ORDER XLIII RULE I(R)
OF THE CODE OF CIVIL PROCEDURE, PRAYING TO CALL
FOR THE RECORDS IN OS. NO.138/2022 ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC BHALKI AND TO SET
ASIDE THE IMPUGNED ORDER DATED 26.08.2023 PASSED
BY THE SENIOR CIVIL JUDGE AND JMFC BHALKI ON IA
NO.II UNDER ORDER 39 RULE 1 AND 2 OF CODE OF CIVIL
PROCEDURE AND CONSEQUENTLY ALLOW THE PRESENT
APPEAL THEREBY ALLOW THE APPLICATION IN IA NO.II
FILED BY THE APPELLANTS/PLAINTIFFS.

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


                        JUDGMENT

Sri Manjunath Ginni, learned counsel for the

appellants submits that the appeal has become infructuous

in view of withdrawal of the suit in O.S. No.138/2022 on

the file of the Senior Civil Judge and JMFC Court, Bhalki.

NC: 2023:KHC-K:9339

2. The submission is placed on record.

3. The appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

SBS