Karnataka High Court
Basheer Ahmed S/O Raja Bakshi vs Karimsab S/O Late Shaik Ali on 23 March, 2023
Bench: C M Joshi
-1-
RFA No. 6031 of 2012
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 6031 OF 2012
(DEC/INJ-)
BETWEEN:
1. BASHEER AHMED
S/O RAJA BAKSHI
AGE: 56 YEARS,
OCC: AGRICULTURE,
R/O RAGHUNATH HALLI,
RAICHUR.
2. KHASIM
S/O HUSSAINSAB,
AGE: 27 YEARS,
OCC: AGRICULTURE,
Digitally signed
by SOMANATH R/O RAGHUNATH HALLI,
PENTAPPA
MITTE RAICHUR.
Location: High ...APPELLANTS
Court of
Karnataka
(BY SRI CHAITANYAKUMAR C M, SRI MANJUNATH M
CHIDDALLI, SRI NARENDARA N BETTAD, ADVOCATES)
AND:
1. KARIMSAB
S/O LATE SHAIK ALI
SINCE DECEASED THROUGH L.R's
-2-
RFA No. 6031 of 2012
A) BIBI FATIMA @ FATIME BEE
W/O LATE KARIMSAB,
SINCE DECEASED THROUGH L.R'S
WHO ARE ALREADY ON RECORD.
B) SHAIK ALI
S/O LATE KARIMSAB
SINCE DECEASED THROUGH L.R'S
1B1) SMT. DURVESH BEGUM
W/O LATE SHAIK ALI
AGE: 50 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1B2) MANSOOR ALI
S/O LATE SHAIK ALI,
AGE: 1 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1B3) KUM. RASHEEDA BEGUM
D/O LATE SHAIK ALI
AGE: 26 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1C) KHADAR SAB
S/O LATE KARIMSAB,
AGE: 57 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1D) YAQBAL S/O LATE KARIMSAB
AGE: 55 YEARS, OCC:
-3-
RFA No. 6031 of 2012
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1E) FAROOQ S/O LATE KARIMSAB
AGE: 50 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1F) MUKRAM S/O LATE KARIMSAB
AGE; 43 YEARS, OCC:
R/O RAGHUNATH HALLI,
TQ. RAICHUR-584101.
1G) MUMTAZ BEGUM
D/O LATE KARIMSAB
W/O HUSSAINSAB,
AGE: 53 YEARS,OCC: HOUSEHOLD,
R/O RAGALPARVI, TQ. SINDHANUR-584101.
1H) MUNNI BEGUM D/O LATE KARIMSAB
(W/O ISMAIL SAB),
AGE: 40 YEARS,
OCC: HOUSEHOLD
R/O KOPPAR VILLAGE,
TQ. DEVADURGA.
DIST. RAICHUR-584101.
1I) NILOFER BEGUM
D/O LATE KARIMSAB
AGE: 37 YEARS, OCC:
R/O ARAKERA VILLAGE,
TQ. DEVADURGA.
1J) FARIDA BEGUM
D/O LATE KARIMSAB
AGE; 31 YEARS, OCC:
R/O RAGHUNATH HALLI,
-4-
RFA No. 6031 of 2012
TQ. RAICHUR.
...RESPONDENTS
(NOTICE TO R1 (B1, B2, B3 AND R(J) HELD SUFFICIENT V/O
DATED 4-01-2021;
R1(C,E,H & I) ARE SERVED THROUGH COURT NOTICE V/O
DATED 9-8-2016;
APPEAL ABATED IN RESPECT OF R1(D) V/O DATED 6-3-
2020;
NOTICE TO R1(G) HELD SUFFICIENT V/O DATED 6-6-
2019; R1 (F) SERVED)
THIS RFA IS FILED U/S. 96 OF THE CPC, PRAYING
TO SETTING ASIDE THE IMPUGNED JUDGMENT AND
DECREE DATED 03/07/2012 DISMISSING THE
COUNTER CLAIM SOUGHT BY THE DEFENDANTS IN O.S.
NO.102/2007 BY THE LEARNED PRL. SENIOR CIVIL
JUDGE RAICHUR AND CONSEQUENTLY DECREE THE
COUNTER CLAIM WITH COST THROUGHOUT IN THE
INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel appearing for the appellants
has filed a memo stating that the appellants do not
want to prosecute the appeal.
Hence, the appeal is dismissed as not pressed.
Sd/-
JUDGE
