Mohammed Sardar vs Smt Jaibunnissa
2023 Latest Caselaw 7017 Kant

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                                                           NC: 2023:KHC:36105
                                                         RSA No. 1179 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF OCTOBER, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1179 OF 2021 (PAR/POS)

                   BETWEEN:

                   1.    MOHAMMED SARDAR
                         AGED ABOUT 65 YEARS,
                         S/O ABDUL QAYUM,
                         AGRICULTURIST,
                         R/AT JAHANIGAR MOHALLA,
                         MULBAGAL TOWN,
                         MULBAGAL TALUK,
                         KOLAR DISTRICT
                                                                 ...APPELLANT

                         (BY SRI CHANDRASHEKARA REDDY M.V., ADVOCATE)

                   AND:

                   1.    SMT. JAIBUNNISSA
Digitally signed
by SHARANYA T            D/O LATE JAHANGIR SAB,
Location: HIGH           W/O CHOTESAB,
COURT OF                 AGED ABOUT 58 YEARS,
KARNATAKA
                         HOUSE WIFE,
                         R/AT AGRAHARA VILLAGE,
                         MAMADAGU POST,
                         PALAMANER TALUK,
                         ANDHRAPRADESH

                   2.    SMT. PYARIMA
                         D/O LATE JAHANGIR SAB,
                         W/O BABAJAN,
                         AGED ABOUT 53 YEARS,
                         HOUSE WIFE, R/AT HYDARINAGAR,
                         MULBAGAL TOWN.
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                                    NC: 2023:KHC:36105
                                  RSA No. 1179 of 2021




3.   SRI GHOUSE
     S/O LATE JAHANGIR SAB,
     AGED ABOUT 55 YEARS,
     AGRICULTURIST,
     R/AT DURGHA MOHALLA,
     MULBAGAL TOWN

4.   SRI SHAIK AHAMED
     S/O LATE JAHANGIR SAB,
     AGED ABOUT 53 YEARS,
     AGRICULTURIST,
     R/AT DURGHA MOHALLA,
     MULBAGAL TOWN

5.   SRI ABDULKHAL HAQUE
     S/O LATE JAHANGIR SAB,
     AGED ABOUT 68 YEARS,
     R/AT HYDARINAGAR,
     MULBAGAL TOWN

6.   SMT. ATHIYA
     D/O LATE KHALAQUE,
     AGED ABOUT 38 YEARS,
     HOUSE WIFE,
     R/AT HYDARINAGAR,
     MULBAGAL TOWN

7.   SRI SIKHANDAR
     S/O NOT KNOWN,
     AGED ABOUT 68 YEARS,
     RETIRED EMPLOYEE

8.   VAHIDA
     W/O SIKHANDAR AND JAHIDHA,
     AGED ABOUT 38 YEARS,
     HOUSE HOLD WORK

9.   AHAMAD BAIG
     S/O SIKHANDAR AND JAHIDHA,
     AGED ABOUT 36 YEARS,
     COOLIE,
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                                    NC: 2023:KHC:36105
                                  RSA No. 1179 of 2021




10. SRI AFZAR BAIG
    S/O SIKHANDAR AND JAHIDHA,
    AGED ABOUT 34 YEARS,
    COOLIE,

    RESPONDENTS No.7 TO 10 ARE
    R/AT DOOR NO 21, HANUMANABEEDHI,
    MUNIREDDYPALYA, BANGALORE.

11. SRI K.G VENKATARAMANA
    S/O. K.GOPINATH SETTY,
    AGED ABOUT 59 YEARS,
    AGRICULTURIST,
    R/AT THYAGARAJA COLONY,
    MULBAGAL TOWN,
    MULBAGAL TALUK

12. SRI MOHAMMAMED ALTAF
    S/O LATE ABDUL RAWOOF,
    AGED ABOUT 47 YEARS,
    AGRICULTURIST,
    R/AT JAHANIGAR MOHALLA,
    MULBAGAL TOWN

13. THE PROJECT DIRECTOR
    NATIONAL HIGHWAYS AUTHORITY OF INDIA,
    PROJECT IMPLEMENTATION UNIT
    BANGALORE SY. NO.13,
    14TH K.M. NAGASANDRA
    BANGALORE TUMKUR ROAD,
    BANGALORE.
                                      ...RESPONDENTS

     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 31.01.2020 PASSED IN
R.A.NO.56/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC., MULABAGILU, ALLOWING THE APPEAL AND FILED
AGAINST    THE JUDGMENT AND DECREE DATED 30.01.2016
PASSED IN O.S.NO.253/2012      ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC, MULBAGAL.
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                                            NC: 2023:KHC:36105
                                         RSA No. 1179 of 2021




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

                          JUDGMENT

Learned counsel for the appellant files memo seeking

permission of this Court to withdraw the appeal.

In view of the memo, permitted to withdraw.

Accordingly, this appeal is dismissed as withdrawn.

Sd/-

JUDGE

AP