Karnataka High Court
Abida Begum vs Mohd. Yousuf Patel on 5 August, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-K:4412
RFA No. 200222 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR FIRST APPEAL NO. 200222 OF 2025
(PA/DE/IN)
BETWEEN:
ABIDA BEGUM
W/O LATE MOHD. MAQDOOM PATEL,
AGE: 63 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
R/O: H NO.4-570/8, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
...APPELLANT
(BY SRI LIYAQAT FAREED, ADVOCATE)
AND:
Digitally signed
by KHAJAAMEEN
MALAGHAN 1. MOHD. YOUSUF PATEL
Location: HIGH S/O MOHD. MAQDOOM PATEL,
COURT OF
KARNATAKA AGE: 48 YEARS,
OCC: KSRTC EMPLOYEE,
R/O: H. NO.4-570/14, SANGTRASHWADI,
DARGA ROAD, KALABURAGI - 585 102.
2. MOHD. GOUSE PATEL
S/O LATE MOHD. MAQDOOM PATEL,
AGE: 46 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
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NC: 2025:KHC-K:4412
RFA No. 200222 of 2025
HC-KAR
3. MOHD. HAROON PATEL
S/O LATE MOHD. MAZDOOM PATEL,
AGE: 44 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
4. MOHD. YOUNUS PATEL
S/O LATE MOHD. MAZDOOM PATEL,
AGE: 44 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
5. MOHD. YAQOOB PATEL
S/O LATE MOHD. MAZDOOM PATEL,
AGE: 41 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
6. MOHD. ASIF PATEL
S/O LATE MOHD. MAZDOOM PATEL,
AGE: 38 YEARS,
OCC: PRIVATE SERVICE AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
7. NISHAT FATEEMA
D/O LATE MOHD. MAZDOOM PATEL,
AGE: 34 YEARS,
OCC: HOUSEHOLD AND AGRICULTURE,
R/O: H. NO.4-570/8 TO 13, SANGTRASHWADI,
NEAR PRINCE PETROL PUMP,
KALABURAGI - 585 102.
...RESPONDENTS
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NC: 2025:KHC-K:4412
RFA No. 200222 of 2025
HC-KAR
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC, PRAYING TO CALL FOR THE RECORDS AND SET
ASIDE AND MODIFY THE JUDGMENT AND DECREE DATED
23.06.2025 PASSED BY THE COURT OF THE II ADDITIONAL
SENIOR CIVIL JUDGE AND J.M.F.C., AT KALABURAGI DISTRICT
PASSED IN O.S.NO.64/2017, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS REGULAR FIRST APPEAL, COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL JUDGMENT
Learned counsel files memo seeking withdrawal of
this appeal with liberty to file appeal before the
jurisdictional Court.
2. Memo reads thus;
"On the instruction of the appellant the
advocate for appellant seeks permission of this
Hon'ble Court to withdraw the above appeal
reserving liberty to the appellants to file before
appropriate jurisdiction court, in the interest of
justice."
NC: 2025:KHC-K:4412
HC-KAR
3. In view of the memo, the appeal is dismissed
as withdrawn with liberty as prayed for.
4. Registry is directed to return documents to
learned counsel for the appellant.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
