Sri Mohammed Ayaz Khan vs Sri Abdul Karim
2024 Latest Caselaw 25730 Kant

Karnataka High Court

Sri Mohammed Ayaz Khan vs Sri Abdul Karim on 29 October, 2024

                                              -1-
                                                          NC: 2024:KHC:43679
                                                          RFA No. 11 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 29TH DAY OF OCTOBER, 2024
                                       BEFORE
                      THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                     REGULAR FIRST APPEAL NO. 11 OF 2021 (DEC/INJ)
                   BETWEEN:

                   SRI MOHAMMED AYAZ KHAN
                   S/O SRI MOHMMED KHURSHEED KHAN,
                   AGED ABOUT 47 YEARS,
                   RESIDING AT:
                   HALED KERI (K) VILLAGE,
                   HYDERABAD ROAD,
                   BIDAR, KARNATAKA - 585 401.
                                                                ...APPELLANT
                   (BY SRI. SHIVARAJ., ADVOCATE FOR
                       SRI. SHRAVAN S LOKRE., ADVOCATE)
Digitally signed
by RUPA V          AND:
Location: HIGH
COURT OF           SRI ABDUL KARIM,
KARNATAKA          AGED ABOUT 79 YEARS,
                   S/O LATE SHEIK MASTAN,
                   RESIDING AT NO.117,
                   2ND CROSS, KANAKANAGARA,
                   KAVALBYRASANDRA,
                   R T NAGAR POST,
                   BENGALURU - 560 032.
                                                              ...RESPONDENT
                        THIS RFA IS FILED UNDER SECTION 96 READ WITH
                   ORDER XLI RULE 1 OF CPC AGAINST THE JUDGMENT AND
                   DECREE DATED 05.11.2020 PASSED IN OS.No.26833/2011 ON
                   THE FILE OF THE XXVIII ADDITIONAL CITY CIVIL AND
                   SESSIONS JUDGE, MAYOHALL, BANGALORE, DISMISSING THE
                   SUIT FOR DECLARATION AND PERMANENT INJUNCTION.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                   CORAM:    HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                                 -2-
                                                NC: 2024:KHC:43679
                                                RFA No. 11 of 2021




                         ORAL JUDGMENT

Sri.Shivaraj., learned counsel appearing for

Sri.Shravan S Lokre., learned counsel for the appellant

files a memo for withdrawal of the appeal. The memo

reads as under:

"The undersigned counsel for the Appellant prays to withdraw this Appeal as not pressed since in connected R.F.A.No.5/2021 Compromise has been entered between the Respondent vide Order dated 29/07/2024. Therefore, in view of the Compromise entered in R.F.A 05/2021, the Appellant prays to withdraw this Appeal. This Memo may be kindly taken on record in the interest of Justice and Equity."

2. The memo is taken on record.

3. In view of the said memo, the appeal is

dismissed as withdrawn.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

AM