Mr Z Ameenullah Baig vs Mrs Nageena Begum
2024 Latest Caselaw 25513 Kant

Karnataka High Court

Mr Z Ameenullah Baig vs Mrs Nageena Begum on 25 October, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                                    -1-
                                                              NC: 2024:KHC:43259
                                                             RFA No. 435 of 2014




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 25TH DAY OF OCTOBER, 2024

                                               BEFORE
                                THE HON'BLE MR JUSTICE K.NATARAJAN
                            REGULAR FIRST APPEAL NO. 435 OF 2014 (RES-)



                      BETWEEN:


                      1.    MR. Z. AMEENULLAH BAIG
                            S/O A. ZIAULLAH,
                            AGED ABOUT 27 YEARS,

                      2.    MISS. Z. AMEENA BEGUM
                            D/O A. ZIAULLAH,
                            AGED ABOUT 25 YEARS,

                      3.    MISS. Z. SUFIA BEGUM
                            D/O A. ZIAULLAH,
                            AGED ABOUT 23 YEARS,

                      4.    MR. Z. MUEENULLAH BAIG
Digitally signed by         S/O A. ZIAULLAH,
VEDAVATHI A K
                            AGED ABOUT 20 YEARS,
Location: High
Court of Karnataka
                            ALL ARE R/AT NO.20, 2ND CROSS,
                            NEW POTTEREY TOWN,
                            BENSON TOWN POST,
                            BANGALORE - 560 046.

                                                                   ...APPELLANTS

                      (BY SRI. PRASANNA B R., ADVOCATE)
                               -2-
                                         NC: 2024:KHC:43259
                                        RFA No. 435 of 2014




AND:

1.   MRS. NAGEENA BEGUM
     W/O MOHD.FAIYAZ,
     AGED ABOUT 43 YEARS,
     R/A NO.80, H.L.NO.119,
     BASAVA NAGAR,
     K.G.HALLI,
     BANGALORE - 560 045.


2.   MR. AZAM
     S/O AZEEZ,
     AGED ABOUT 51 YEARS,
     R/A NO.2, KEMPAIAH BLOCK,
     1ST MAIN, J.C.NAGAR,
     BANGALORE - 560 006.
                                             ...RESPONDENTS
(VIDE ORDER DATED 20.10.2022, R1 & R2 ARE CALLED OUT
 ABSENT)


       THIS RFA IS FILED UNDER SEC.96 OF CPC, AGAINST THE
ORDERS     DATED:16.12.2013    PASSED   IN   MISC.   PETITION
NO.81/2013 ON THE FILE OF THE       CHIEF JUDGE, COURT OF
SMALL CAUSES, BENGALURU, DISMISSING THE PETITION
FIELD U/O-XXI, RULE-99, R/W SEC.151 OF CPC.


       THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE K.NATARAJAN
                               -3-
                                            NC: 2024:KHC:43259
                                          RFA No. 435 of 2014




                      ORAL JUDGMENT

Learned counsel for the appellants filed memo for

withdrawing the appeal on the ground that the appellant

already filed a suit in O.S.No.7541/2013, which is pending

before the Trial Court and is seeking liberty to work out remedy

in the said suit.

The submission and the memo is placed on record.

The appeal is dismissed as withdrawn and liberty is

granted, as prayed for.

Sd/-

(K.NATARAJAN) JUDGE

AKV

CT:SK