Karnataka High Court
Ali Khasmi S/O Abdul Kareem vs Nagappa S/O Beerappa Kurbur on 16 January, 2023
Bench: C.M. Poonacha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR.JUSTICE C.M.POONACHA
RFA No.200055/2014
BETWEEN
ALI KHASMI S/O ABDUL KAREEM
SINCE DECEASED BY LRS.,
1.KOUSAR BEGUM W/O LATE ALI KHSIM
AGE: 47 YEARS, OCC: HOUSEWIFE
2. MD. FAROOQ RAZVI S/O LATE ALI KHASIM
AGE: 27 YEARS, OCC: BUSINESS
3. MD SALMAN RAZVI S/O LATE ALI KHASIM
AGE: 24 YEARS, OCC: BUSINESS
4. MD ZAKIUDDIN RAZVI S/O LATE ALI KHASIM
AGE: 23 YEARS, OCC: AGRICULTURE & BUSINESS
5. MD. HASSAN RAZVI S/O LATE ALI KHASIM
AGE: 23 YEARS, OCC: AGRICULTURE &BUSINESS
ALL R/O STATION AREA, YADGIRI CITY
TQ. & DIST. YADGIRI
...APPELLANTS
(BY SRI KRUPA SAGAR PATIL, ADVOCATE)
2
AND
NAGAPPA S/O BEERAPPA KURBUR
SINCE DECEASED BY HIS LRS.,
1. MALLAYYA S/O. MARTHANDAPPA KUDLOOR
AGE: 40 YEARS, OCC: AGRICULTURE
2. KANTHAPPA S/O. MARTHANDAPPA KUDLOOR
AGE: 37 YEARS, OCC: AGRICULTURE
3. MAHALAKSHMI D/O. MARTHANDAPPA KUDLOOR
AGE: 34 YEARS, OCC: AGRICULTURE & HOUSEHOLD
4. DEVAPPA S/O. MARTHANDAPPA KUDLOOR
AGE: 32 YEARS, OCC: AGRICULTURE
5. CHANDRAKALA D/O. MARTHANDAPPA KUDLOOR
AGE: 29 YEARS, OCC: AGRICULTURE & HOUSEHOLD
6. ASHOK S/O. MARTHANDAPPA KUDLOOR
AGE: 26 YEARS, OCC: AGRICULTURE
7. SABAMMA W/O. MARTHANDAPPA KUDLOOR
AGE: 61 YEARS, OCC: AGRICULTURE & HOUSEHOLD
8. BEERAPPA S/O. N AGAPPA KUDLOOR
AGE: 70 YEARS, OCC: AGRICULTURE
9. NINGAPPA S/O. BEERAPPA KUDLOOR
AGE: 44 YEARS, OCC: AGRICULTURE
10. DODDA SHANKARAPPA @ SHANKAR
S/O. BEERAPPA KUDLOOR
AGE: 40 YEARS, OCC: AGRICULTURE
11. SANNA SHANKRAPPA @ SHANKAR
S/O. BEERAPPA KUDLOOR
AGE: 34 YEARS, OCC: AGRICULTURE
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12. NELLA GANGAMMA D/O. BEERAPPA KUDLOOR
AGE: 40 YEARS, OCC: AGRICULTURE & HOUSEHOLD
13. MAREMMA D/O. BEERAPPA KUDLOOR
AGE: 35 YEARS, OCC: AGRICULTURE & HOUSEHOLD
14. YALLAMMA D/O. BEERAPPA KUDLOOR
AGE: 34 YEARS, OCC: AGRICULTURE & HOUSEHOLD
15. HARANEMMA D/O. BEERAPPA KUDLOOR
AGE: 30 YEARS, OCC: AGRICULTURE & HOUSEHOLD
16. ESHWAR S/O. BEERAPPA KUDLOOR
AGE: 26 YEARS, OCC: AGRICULTURE
17. ANSUYA D/O. BEERAPPA KUDLOOR
AGE: 25 YEARS, OCC: AGRICULTURE & HOUSEHOLD
ALL ARE R/O. KOLIWADA LOCALITY OF YADGIR CITY
TQ & DIST: YADGIR
...RESPONDENTS
[BY SRI VIKRAM VIJAY KUMAR, ADVOCATE FOR R(1) TO
R(7); SRI V.S.PATIL, ADVOCATE FOR R(9) TO R(17);
APPEAL AS AGAINST R(8) STANDS ABATED]
THIS RFA FILED U/S 96 OF CPC, AGAINST THE
JUDGEMENT AND DECREE DATED 23.07.2014 PASSED IN
O.S. NO.20/2010 ON THE FILE OF THE SENIOR CIVIL
JUDGE AT YAGIRI, WHEREIN, THE SUIT WAS DISMISSED.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
The learned counsel for the appellants has filed a
memo, which reds as under:
"The counsel for the appellants in the
above-mentioned cases, submit that the
present Appeal does not survive for
consideration in view of the Compromise
entered into between the appellants and
the respondent and others in RFA
No.200021/2014, wherein the appellants
have agreed to withdraw the present
appeal. Hence, the appellants pray that
the said memo may be taken on record and
the appellants may be permitted to
withdraw the appeal in the interest of
justice and equity."
2. The copy of the compromise petition dated
28.08.2021 filed in RFA No.200021/2014 is annexed
to the said memo.
In view of the aforementioned, the above appeal
is dismissed as withdrawn.
SD/-
JUDGE
Srt
