Smt. D T Amina Bi vs Sri Imambi
2024 Latest Caselaw 352 Kant

Karnataka High Court

Smt. D T Amina Bi vs Sri Imambi on 4 January, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2024:KHC:402
                                                       RFA No. 2538 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 4TH DAY OF JANUARY, 2024

                                              BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         REGULAR FIRST APPEAL NO. 2538 OF 2023 (PAR)
                   BETWEEN:

                   SMT. D T AMINA BI
                   AGED ABOUT 52 EARS
                   W/O LATE D TIPPU SULTHAN
                   RESIDING AT NO 144 4TH CROSS
                   B BLOCK S O G COLONY
                   INDUSTRIAL AREA
                   DAVANAGERE - 577528
                                                               ...APPELLANT
                   (BY SRI. SHESHADRI N S.,ADVOCATE)

                   AND:

                   1.    SRI IMAMBI
                         SINCE DEAD BY LR'S
Digitally signed
by                 (a) SRI MAHABUB
DHANALAKSHMI           AGED ABOUT 40 YEARS
MURTHY
                       S/O LATE IMAMBI
Location: High
Court of
Karnataka          (b) SRI SADIQ
                       AGED ABOUT 30 YEARS
                       D/O LATE IMAMBI

                   (c) SMT. SAANA
                       AGED ABOUT 30 YEARS
                       D/O LATE IMAMBI

                   (d) SMT. HUSNA
                       AGED ABOUT 28 YEARS
                       D/O LATE IMAMBI
                            -2-
                                         NC: 2024:KHC:402
                                     RFA No. 2538 of 2023




     R1(a) TO (d) ARE RESIDENTS OF
     DEVARAHATTI VILLAGE
     DAVANAGERE TALUK & DISTRICT
     DAVANAGERE-577 589.

2.   SMT SHAKIR @ SHANTHAMMA
     AGED ABOUT 55 YEARS
     W/O BASHID SAB
     R/AT NO 3730/32 MAIN
     2ND CROSS VIVEKANANDA EXTENSION
     DAVANAGERE TALUK
     DAVANAGERE - 577 589.

3.   SRI CHAMAN BI
     AGED ABOUT 82 YEARS
     W/O LATE HUSEN SAB
     RESIDENTS OF DEVARAHATTI VILLAGE
     DAVANAGERE TALUK AND DISTRICT
     DAVANAGERE - 577589.

4.   SRI D IMAM HUSSEN SAB
     AGED ABOUT 53 YEARS
     S/O HUSSEN SAB
     RESIDING AT NO 228, 7TH CROSS
     MAHADEVAPURA ROAD
     SHANTHI NAGAR, MYSORE -570 019.

5.   SMT K O MANJAMMA
     AGED ABOUT 47 YEARS
     W/O MANJAMMA
     R/OF SIDDAYANAKOTE VILLAGE
     JAGALUR TALUK, JAGALUR - 577 528.

6.   SMT KOTRAMMA
     AGED ABOUT 57 YEARS
     W/O GOVINDAPPAR SHIVANNA
     RESIDENT OF SIDDAYANAKOTE VILLAGE
     JAGALUR TALUK, JAGALUR - 577 528.
                             -3-
                                           NC: 2024:KHC:402
                                      RFA No. 2538 of 2023




7.   SMT ANJINAMMA
     AGED ABOUT 52 YEARS
     W/O BHIMAPPA
     RESIDENT OF SIDDAYANAKOTE VILLAGE
     JAGALUR TALUK, JAGALUR - 577 528
                                            ...RESPONDENTS
      THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC., AGAINST THE ORDER DATED 26.09.2023
PASSED IN OS NO 3/2021 ON THE FILE OF I ADDITIONAL
SENIOR CIVIL JUDGE, DAVANAGERE, DECREEING THE SUIT
FOR PARTITION.

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

                       JUDGMENT

1. Office has raised an objection on maintainability of

the appeal. Since the value of the suit is less than

Rs.10,00,000/-, the appeal is not maintainable before this

Court. To that effect, learned counsel for the appellant has

filed a memo dated 04.01.2024 seeking leave of this Court

to withdraw this appeal with liberty to approach the

appropriate legal forum.

2. Memo dated 04.01.2024 is taken on record.

NC: 2024:KHC:402

3. The above appeal is dismissed as withdrawn with

liberty to approach the appropriate legal forum, if law

permits.

Sd/-

JUDGE

HA