Karnataka High Court
Abdulkareem S/O. Adamsab Bijapur vs Hussainsab S/O. Adamsab Bijapur on 8 November, 2023
Bench: K.S.Hemalekha
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NC: 2023:KHC-D:13037
RSA No. 100850 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
REGULAR SECOND APPEAL NO.100850 OF 2017 (DEC)
BETWEEN:
ABDULKAREEM S/O. ADAMSAB BIJAPUR,
AGE:63 YEARS, OCC:AGRICULTURE,
R/O. H.NO.88, ADHYAPAK NAGAR,
NEAR U K T HILLS, GUDIYAL ROAD,
OLD HUBBALLI, HUBBALLI.
...APPELLANT
(BY SRI. SADASHIV S PATIL, ADVOCATE)
AND:
1. HUSSAINSAB S/O. ADAMSAB BIJAPUR,
AGE:76 YEARS, OCC:RETIRED GOVT.SERVANT,
R/O. KARWAR ROAD NEAR HASGIMADDI,
HUBBALLI.
9902571994.
Digitally signed
by VISHAL
VISHAL NINGAPPA SMT. ROSHANBI W/O. MOHD, HUSMAN BIJAPUR
PATTIHAL
NINGAPPA Date: SINCE DECEASED BY HER LEGAL HERIS
PATTIHAL 2023.11.09
13:11:14
+0530
2. SMT. DILSHAD W/O. IMTIYAZ MULLA,
AGE:46 YEARS, OCC:HOUSE WIFE,
R/O. GOKUL DHAM, SUBHASH NAGAR,
GUDIHAL ROAD, HUBBALLI.
3. SMT. NAJIMA
W/O. MOHAD GOUS @ CHANDSAB HUKKERI,
AGE: 41 YEARS, OCC:HOUSE WORK,
R/O. SADAR SOFA NEAR OLD HUBLI BRIDGE.
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NC: 2023:KHC-D:13037
RSA No. 100850 of 2017
4. SMT. AKHTARBANU W/O. IMTIYAZ BYAHATTI,
AGE:32 YEARS, OCC:HOUSE WORK,
R/O. TABIBLAND, MANTOOR ROAD,
HUBBALLI.
5. ABDULGANI @ ASHPAK
S/O. MOHAMMED USMAN BIJAPUR
AGE: 43 YEARS, OCC: PRIVATE SERVICE,
R/O. MULLA ONI, HUBBALLI.
6. HAZARATSAHEB @ IRFAN
S/O MOHAMMED USMAN BIJAPUR,
AGE: 39 YEARS, OCC:BUSINESS,
R/O. MULLA ONI, HUBBALLI.
7. DADAPEER
S/O. MOHAMMED USMAN BIJAPUR,
AGE: 34 YEARS, OCC:BUSINESS,
R/O. MULLA ONI, HUBBALLI.
GOUSEMODIN S/O. ADAMSAB BIJAPUR,
SINCE DECEASED BY HIS LRS
8. MUBEENA D/O. GOUSMOHIDIN BIJAPUR
AGE: 36 YEARS, OCC: PRIVATE SERVICE,
R/O. FATESHA NAGAR, NEAR HUBLI HALL,
ANAND NAGAR, ROAD HUBBALLI.
9. NAZEERAHMED S/O GOUSEMOHIDIN BIJAPUR
AGE: 33 YEARS, OCC: PRIVATE SERVICE,
R/O. FATESHA NAGAR, NEAR HUBLI HALL
ANAND NAGAR ROAD HUBBALLI.
MOBILE. 9845493655.
10. ZAHEER ABBAS S/O. GOUSEMOHIDIN BIJAPUR
AGE: 31 YEARS, OCC: PRIVATE SERVICE,
R/O. FATESHA NAGAR, NEAR HUBLI HALL
ANAND NAGAR ROAD HUBBALLI.
11. MOHAMMED SADIQ S/O. GOUSEMOHIDIN BIJAPUR
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NC: 2023:KHC-D:13037
RSA No. 100850 of 2017
AGE: 29 YEARS, OCC: PRIVATE SERVICE,
R/O. FATESHA NAGAR, NEAR HUBLI HALL
ANAND NAGAR ROAD, HUBBALLI.
MOBILE NO. 9972368864.
12. SMT. FATIMABI W/O. GOUSEMODIN BIJAPUR
AGE: 59 YEARS, OCC: HOUSEWORK,
R/O. FATESHA NAGAR, NEAR HUBLI HALL
ANAND NAGAR ROAD, HUBBALLI.
13. SMT. BIBIJAN W/O.
ABDULKHADAR BEPARI,
AGE: 77 YEARS, OCC: HOUSE WORK,
R/O. S. M. KRISHNA NAGAR OLD HUBBALLI,
HUBBALLI.
14. SMT. AMINABI W/O. MAQTUMHUSSAIN TANDUR,
AGE: 59 YEARS, OCC:HOUSEWORK,
R/O. PATTAR PHOD GALLI,
NEAR KABADE HOSPITAL CBT HUBBALLI.
...RESPONDENTS
THIS REGULAR SECOND APPEAL IS FILED U/SEC. 100 OF CPC,
1908, AGAINST THE JUDGMENT AND DECREE DTD: 03.08.2017
PASSED IN R.A.NO. 191/2016 ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, DHARWAD, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD:
05.04.2016, PASSED IN O.S.NO. 51/2008 ON THE FILE OF THE II-
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD, DISMISSING THE
SUIT FILED FOR DECLARATION.
THIS REGULAR SECOND APPEAL, COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:13037
RSA No. 100850 of 2017
JUDGMENT
Learned counsel for the appellant has filed a memo
dated 02.11.2023 seeking permission of this Court to
withdraw the appeal. The memo reads as under:
"Herein the Advocate for the Appellant submits is as
under
The present appeal arises out of suit for partition
and separate possession and the respective parties
have settled their dispute in FDP 21/2016, before
lok Adalath at Dharwad on 8/7/2023, hence pray
to dismiss the appeal as withdrawn, in the ends of
Justice and Equity.
Hence this memo for withdrawal."
2. The memo is taken on record.
3. In view of the memo, the appeal is dismissed
as withdrawn.
Sd/-
JUDGE
MBM
