Smt. Muniyamma vs Sri.Thippanna
2024 Latest Caselaw 5805 Kant

Karnataka High Court

Smt. Muniyamma vs Sri.Thippanna on 26 February, 2024

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                                                            NC: 2024:KHC:7857
                                                         RSA No. 1554 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                           BEFORE

                         THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                         REGULAR SECOND APPEAL NO. 1554 OF 2014
                                      (DEC/INJ)

                   BETWEEN:

                   SMT. MUNIYAMMA
                   W/O LATE RAMAPPA,
                   AGED ABOUT 53 YEARS,
                   R/AT KURUBARAHALLI,
                   HUNUKUNDA POST
                   ROBERTSONPET HOBLI,
                   BANGARPET TALUK,
                   KOLAR DISTRICT - 563 114
                                                                 ...APPELLANT
                   (BY SRI. G B MANJUNATHA., ADVOCATE)

                   AND:

Digitally signed   1.     SRI.THIPPANNA
by R DEEPA
                          S/O LATE CHIKKA MUNIVENKATAPPA,
Location: HIGH
COURT OF                  AGED ABOUT 40 YEARS,
KARNATAKA                 R/AT KURUBARAHALLI VILLAGE,
                          HUNUKUNDA POST,
                          ROBERTSONPET HOBLI,
                          BANGARPET TALUK,
                          KOLAR DISTRICT - 563 114

                   2.     MRS. FAHIMUNNISSA
                          W/O SHAFIULLA KHAN,
                          AGED ABOUT 51 YEARS,
                          R/AT NO.124,
                          CORONATION ROAD,
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                                      NC: 2024:KHC:7857
                                   RSA No. 1554 of 2014




     BANGARPET,
     KOLAR DISTRICT - 563 114

3.   SRI.CHINNAPPA
     S/O THIMMAPPA,
     AGED ABOUT 46 YEARS,
     R/AT KURUBARAHALLI VILLAGE,
     HUNUKUNDA POST,
     ROBERTSONPET HOBLI,
     BANGARPET TALUK,
     KOLAR DISTRICT - 563 114

4.   MR.SHAFIULLA KHAN
     S/O K. ABDUL BASHEER KHAN
     SINCE DEAD BY LRS

4(A) MR AYUB KHAN,
     S/O LATE SHAFIULLA KHAN,
     AGED ABOUT 43 YEARS,

4(B) MR. ILIYAS KHAN
     S/O LATE SHAFIULLA KHAN,
     AGED ABOUT 38 YEARS,

4(C) MR. IMTIYAZ KHAN
     S/O LATE SHAFIULLA KHAN,
     AGED ABOUT 36 YEARS,

     RESPONDENT Nos. 4(A-C) ARE
     RESIDING AT NO. 124,
     CORONATION ROAD,
     BANGARPET,
     KOLAR DISTRICT - 563 114

5.   SRI. CHANDRAPPA
     S/O NARAYANAPPA,
     AGED ABOUT 32 YEARS,
     R/AT KURUBARAHALLI VILLAGE,
     HUNUKUNDA POST,
     ROBETSONPET HOBLI,
     BANGARPET TALUK,
     KOLAR DISTRICT - 563 114
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                                        NC: 2024:KHC:7857
                                    RSA No. 1554 of 2014




6.   MRS. RIZWAN SULTHANA
     D/O LATE SHAFIULLA KHAN,
     AGED ABOUT 32 YEARS,

7.   MRS. SAMEENA SULTHANA
     D/O LATE SHAFIULLA KHAN,
     AGED ABOUT 35 YEARS,

8.   MRS. SABEEN SULTHANA
     D/O LATE SHAFIULLA KHAN,
     AGED ABOUT 35 YEARS,

9.   MRS. MUNNASIRA SULTHANA
     D/O LATE SHAFIULLA KHAN,
     AGED ABOUT 32 YEARS,

     RESPONDENTS 6 TO 9 ARE
     RESIDING AT NO.124, CORONATION ROAD,
     BANGARPET
     KOLAR DISTRICT - 563 114.
                                      ...RESPONDENTS

(BY SRI. PURUSHOTHAM B, ADVOCATE FOR R1
    SRI. N. JAYAPRAKASH, ADVOCATE FOR R2, R3, R4(A-C),
    R6 TO R9
    V/O DATED 01.09.2023 NOTICE TO R5 IS HELD
SUFFICIENT)


     THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE
JUDGEMENT   &   DECREE     DATED   30.6.2014   PASSED   IN
R.A.NO.48/2011 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURTS, KGF, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGEMENT AND DECREE DTD 10.3.2011
PASSED IN OS.NO.192/2006 ON THE FILE OF THE ADDL.
SENIOR CIVIL JUDGE, KGF.
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                                              NC: 2024:KHC:7857
                                        RSA No. 1554 of 2014




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


                        JUDGMENT

After arguing for some time, learned counsel for the

appellant filed a memo seeking leave of the Court to

withdraw the appeal with liberty to file a suit for partition

and separate possession.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as withdrawn

with the aforesaid liberty, if law permits.

SD/-

JUDGE

RD