Raftulla Khan vs Kadasiddavvara Hanumanthappa
2023 Latest Caselaw 6559 Kant

                                               -1-
                                                        NC: 2023:KHC:33457
                                                      RSA No. 1397 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF SEPTEMBER, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1397 OF 2019 (DEC/INJ)

                   BETWEEN:

                   1.    RAFTULLA KHAN
                         S/O. AMEERKHAN
                         AGED ABOUT 54 YEARS
                         OCC: AGRICULTURIST
                         R/O. KEREBILICHI VILLAGE
                         CHANNAGIRI TALUK
                         DAVANAGERE.

                   2.    K.H. JAMEELKHAN
                         S/O. MOHAMMAD HUSSAIN
                         AGED ABOUT 89 YEARS
                         OCC: AGRICULTURIST
                         R/O. KEREBILICHI VILLAGE
                         CHANNAGIRI TALUK
                         DAVANAGERE.
Digitally signed
by SHARANYA T                                                ...APPELLANTS
Location: HIGH
COURT OF                   (BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE)
KARNATAKA
                   AND:

                         KADASIDDAVVARA HANUMANTHAPPA
                         SINCE DECEASED BY HIS
                         LEGAL REPRESENTATIVE
                   1.    SMT. PUTTAMMA
                         W/O. KADASIDDAWARA HANUMANTHAPPA
                         AGED ABOUT 70 YEARS
                         RESIDENT OF SOMALAPURA VILLAGE
                         CHANNAGIRI TALUK
                                                            ...RESPONDENT
                                  -2-
                                                 NC: 2023:KHC:33457
                                               RSA No. 1397 of 2019




     THIS RSA IS FILED U/S.100 OF CPC, 1908 AGAINST THE
ORDER DATED 06.01.2011 PASSED IN R.A.NO.61/2010 ON
THE FILE OF THE CIVIL JUDGE (SENIOR DIVISION)
DAVANAGERE, DISMISSING THE APPEAL AS ABATED FILED
AGAINST THE JUDGEMENT AND DECREE DATED 22.07.1998
PASSED IN O.S.NO.358/1995 ON THE FILE OF THE CIVIL
JUDGE (JR.DN) AND JMFC, CHANNAGIRI.

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

                            JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission of this Court to convert this regular second

appeal as miscellaneous second appeal.

2. The memo is taken on record.

3. In terms of the memo, the learned counsel for the

appellants is permitted to convert this regular second appeal

into miscellaneous second appeal.

For the purpose of statistics, the appeal stands

disposed of.

Sd/-

JUDGE

ST