Karnataka High Court
Chandapasha vs S A Abdul Rawoof on 30 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30136
MSA No. 33 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 33 OF 2020
BETWEEN:
CHANDAPASHA,
SINCE DEAD BY HIS LRS,
1. SHAHANAZ BEGUM,
AGED ABOUT 51 YEARS,
W/O. LATE CHANDPASHA,
2. SYED SAQUIB PASHA,
AGED ABOUT 35 YEARS,
S/O. LATE CHANDPASHA,
3. SHABREEN SULTANA,
AGED ABOUT 32 YEARS,
D/O. LATE CHANDPASHA,
Digitally
signed by
MALATESH 4. SYED ABUDL WAHAB
KC @ SYED RAQHIB PASHA,
Location:
HIGH AGED ABOUT 30 YEARS,
COURT OF S/O. LATE CHANDPASHA,
KARNATAKA
5. HARSHADULLA,
S/O LATE SYED ABUDL WAHAB
@ PYARU SAB,
AGED ABOUT 47 YEARS,
APPELLANTS NO.1 TO 5 ARE
R/AT MASIDI STREET,
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NC: 2024:KHC:30136
MSA No. 33 of 2020
DEVANAHALLI TOWN,
BANGALORE RURAL DISTRICT.
...APPELLANTS
(BY SRI. B.S. RADHANANDAN, ADVOCATE)
AND:
1. S.A. ABDUL RAWOOF,
AGDED ABOUT 71 YEARS,
S/O LATE ABDUL SALAM,
R/AT KALAMMA GUDI TEMPLE STREET,
DEVANAHALLI TOWN,
BANGALORE RURAL DISTRICT.
2. SHEIK OBEDULLA SHARIF,
S/O ABUDL JABBAR,
AGED ABOUT 50 YEARS,
R/AT KOLAR ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
3. M. RAMAKRISHNAPPA,
S/O. MUNIYAPPA,
AGED ABOUT 67 YEARS,
R/AT THINDLU VILLAGLE,
SARJAPURA HOBLI, ANEKAL TALUK,
BANGALORE DISTRICT,
PRESENT R/AT NO. 3,
2NF FLOOR, 6TH CROSS,
1ST MAIN ROAD,
SAMANGIRAM NAGAR,
BANGALORE - 560 027.
4. T.M. SRINIVASAIAH,
S/O. LATE MUNIYAPPA,
-3-
NC: 2024:KHC:30136
MSA No. 33 of 2020
AGED ABOUT 63 YEARS,
R/AT THINDLU VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BANGALORE DISTRICT,
PRESENT R/AT NO. 68,
1ST FLOOR, 7TH CROSS,
SAMPANGIRAM NAGAR,
BANGALORE - 560 027.
5. SRI. M.R. PRASANNA,
S/O. LATE. RANGASWAMY,
R.AT NO. 604, SATYA GREENS,
KODIGEHALLI MAIN ROAD,
THINDLU, BANGALORE - 560 097.
...RESPONDENTS
(BY SRI. V. ANAND, ADVOCATE FOR R5;
VIDE ORDER DATED 24.07.2020, NOTICE TO R1 TO R4 IS
DISPENSED WITH)
THIS MSA IS FILED UNDER ORDER XLII OF THE CPC,
AGAINST THE JUDGMENT AND DECREE DATED 06.09.2019
PASSED IN RA.NO.15021/2018 ON THE FILE OF THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, DEVANAHALLI, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
06.02.2015 PASSED IN O.S.NO.591/2006 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, AND
REMANDING BACK MATTER TO THE TRIAL COURT FOR FRESH
CONSIDERATION AFTER PROVIDING OPPORTUNITY TO THE
APPELLANT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
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NC: 2024:KHC:30136
MSA No. 33 of 2020
ORAL JUDGMENT
Sri.B.S.Radhanandan, learned counsel for the
appellants has filed a memo on 30.07.2024. The memo
reads as under:
"The Appellants most respectfully submits as
under:
The appellant and the 5th respondent are the
contesting parties in the appeal. The 5th
respondent is claiming the title through
respondent Nos.1 to 4.
The appellants and the respondent No.5 had
settled the matter out of Court, and the
appellants and 5th respondent had conveyed the
subject matter of this appeal to third party
jointly as per the sale deed dated 22.09.2023
vide registration No.7707/2023-24. Hence the
dispute has been settled between the parties out
of Court.
Hence, the same may be taken on record and
this matter may be disposed off in accordance
with law."
2. Memo is taken on record.
3. In view of the memo, appeal stands disposed of.
Sd/-
(V SRISHANANDA)
JUDGE
KAV
CT: BHK
