Pashamiyan And Ors vs Mohd. Afzalkhan
2023 Latest Caselaw 11315 Kant

Karnataka High Court

Pashamiyan And Ors vs Mohd. Afzalkhan on 20 December, 2023

                                              -1-
                                                      NC: 2023:KHC-K:9349
                                                       RSA No. 200274 of 2021




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 20TH DAY OF DECEMBER, 2023

                                            BEFORE
                              THE HON'BLE MRS JUSTICE M G UMA

                    REGULAR SECOND APPEAL NO. 200274 OF 2021 (INJ)
                   BETWEEN:

                   1.   PASHAMIYAN S/O BHIKKANSAB
                        AGE 63 YEARS, OCC.DRIVER,

                   2.   IBRAHIM SAB S/O BHIKKANSAB
                        AGE 74 YEARS, OCC.DRIVER,

                   3.   AZEEM S/O AZIZ
                        AGE 41 YEARS, OCC. TAILOR,

                        ALL ARE R/O MIRZAPUR-T,
                        TQ AND DIST. BIDAR.

                                                                ...APPELLANTS
Digitally signed
by SHILPA R        (BY SRI VENKATESH C. MALLABADI, ADVOCATE)
TENIHALLI
Location: HIGH     AND:
COURT OF
KARNATAKA
                   1.   MOHD. AFZALKHAN
                        S/O LATE MOHD. KHUDARATHKHAN
                        AGED ABOUT 86 YEARS,
                        OCC. AGRICULTURE AND BUSINESS,
                        R/O MIRZAPUR-T, TQ AND DIST. BIDAR.

                                                               ...RESPONDENT

                   (BY SRI RAVI B. PATIL, ADVOCATE)
                               -2-
                                     NC: 2023:KHC-K:9349
                                      RSA No. 200274 of 2021




     THIS RSA IS FILED UNDER SECTION 100 OF CPC
PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 30.08.2021 PASSED IN
R.A.NO.36/2021 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND JMFC AT BIDAR, ALLOWING THE APPEAL AND SET
ASIDE THE JUDGMENT AND DECREE DTD- 21.08.2018 PASSED
IN O.S.NO. 246/2013 ON THE FILE OF THE ADDL. CIVIL JUDGE
AT BIDAR.

     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT D\ELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellants filed the memo

seeking permission to withdraw the appeal. Office has raised

objection that the memo is signed only by appellant No.1, who

is stated to be the general power of attorney of appellant Nos.2

and 3, but, the copy of the general power of attorney deed is

not produced. However, learned counsel for the appellants and

appellant No.1 for and on behalf of appellant Nos.2 and 3 have

sought permission to withdraw the appeal.

Hence, the memo is accepted. The appeal is dismissed as

not pressed.

Sd/-

JUDGE Srt