Smt Aisabi vs Ibrahim Beary
2024 Latest Caselaw 3284 Kant

Karnataka High Court

Smt Aisabi vs Ibrahim Beary on 2 February, 2024

                                             -1-
                                                          NC: 2024:KHC:4728
                                                        RSA No. 693 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 2ND DAY OF FEBRUARY, 2024

                                           BEFORE
                           THE HON'BLE MR JUSTICE ANIL B KATTI
                       REGULAR SECOND APPEAL NO. 693 OF 2009 (INJ)

                   BETWEEN:

                        SMT AISABI
                        W/O SABU BEARY,
                        GATTIMANE HOUSE,
                        KEDAMBADY VILLAGE,
                        POST KEDAMBADY, PUTTUR TALUK,
                        D.K.DISTRICT-574 251
                                                               ...APPELLANT
                   (BY SRI.B.K.S.PRAKASH, ADVOCATE FOR
                       SRI.N.SHANKARA NARAYANA BHAT, ADVOCATE)

                   AND:

                   1     IBRAHIM BEARY
                         S/O HASSAN KUNHI MUKHRI,
                         SINCE DECEASED
Digitally signed
by SUMITHRA R            BY LEGAL REPRESENTATIVES
Location: HIGH
COURT OF           1A AISAMMA
KARNATAKA
                      D/O LATE IBRAHIM BEARY
                      AGED ABOUT 55 YEARS
                      RESIDENT OF IDAPADY
                      KEDAMBADY POST
                      KEDAMBADY VILLAGE
                      PUTTUR TALUK
                      D.K. DISTRICT-574 210

                   1B AISAMMA
                      W/O.LATE IBRAHIM BEARY
                      AGED ABOUT 80 YEARS
                      RESIDENT OF KEDAMBADY VILLAGE
                                -2-
                                           NC: 2024:KHC:4728
                                         RSA No. 693 of 2009




    KEDAMBADY POST-574 210

1C ASHRAF
   S/O.LATE IBRAHIM BEARY
   AGED ABOUT 36 YEARS
   R/O.KEDAMBADY VILLAGE
   KEDAMBADY POST
   PUTTUR TALUK
   D.K. DISTRICT-574 210

1D UMMER
   S/O.LATE IBRAHIM BEARY
   AGED ABOUT 35 YEARS
   RESIDENT OF GATTAMANE HOUSE
   KEDAMBADY VILLAGE
   KEDAMBADY POST
   PUTTUR TALUK
   D.K. DISTRICT-574 210


                                       ...RESPONDENTS
(BY SRI. G BALAKRISHNA SHASTRY, ADVOCATE)

     THIS RSA FILED U/S. 100 OF CPC AGAINST THE
JUDGEMENT      &     DECREE   DATED   22.1.2009   PASSED   IN
R.A.NO.105/1994 THE FILE OF THE PRL. CIVIL JUDGE (SR.DN)
PUTTUR, D.K., DISMISSED THE APPEAL AND CONFIRMING THE
JUDGEMENT      AND    DECREE DATED    7.10,1994   PASSED   IN
O.S.NO. 22/1986 ON THE FILE OF THE PRL. MUNSIFF COURT,
PUTTUR, D.K.


     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                        NC: 2024:KHC:4728
                                      RSA No. 693 of 2009




                        JUDGMENT

Sri B K S Prakash, counsel representing Sri N

Shankara Narayana Bhat, learned counsel for the appellant

present.

Sri G Balakrishna Shastry, learned counsel for

caveator respondent No.1 (A to D), present.

2. Learned counsel for the appellant has filed a memo

seeking withdrawal of appeal.

3. Heard both sides on memo for withdrawal filed by

counsel for the appellant.

4. In view of the memo, the appellant is permitted to

withdraw the appeal. Hence, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

rs