Smt. Befathumma vs Mr. Ganesh Naik
2025 Latest Caselaw 3296 Kant

Karnataka High Court

Smt. Befathumma vs Mr. Ganesh Naik on 11 August, 2025

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                   NC: 2025:KHC:31023
                                                  RSA No. 970 of 2022


            HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 11TH DAY OF AUGUST, 2025

                                     BEFORE
                     THE HON'BLE MR. JUSTICE V SRISHANANDA
                  REGULAR SECOND APPEAL NO. 970 OF 2022 (INJ)
            BETWEEN:

            1.    SMT. BEFATHUMMA
                  W/O LATE ABDUL KHADER
                  AGED ABOUT 80 YEARS
                  REPRESENTED BY HER GPA HOLDER
                  MR. SHEKABBA K
                  THE 7TH APPELLANT

                  SRI K MOHAMMED BAWA
                  SINCE DEAD BY LRS

            2.    SMT. AISAMMA
                  W/O LATE MOHAMMEED BAVA
                  AGED ABOUT 54 YEARS

Digitally   3.    SRI. K M FAIZAL
signed by
MALATESH          W/O LT MOHAMMEED BAVA
KC                AGED ABOUT 34 YEARS
Location:
HIGH        4.    SRI. MOHAMMED NISAR K
COURT OF
KARNATAKA         W/O LATE MOHAMMEED BAVA
                  AGED ABOUT 29 YEARS

            5.    SMT. JUBIEDA
                  AGED ABOUT 52 YEARS
                  S/O LATE ABDUL KHADER
                              -2-
                                        NC: 2025:KHC:31023
                                       RSA No. 970 of 2022


HC-KAR




6.   SMT JAINABU
     AGED 49 YEARS
     S/O LT ABDUL KHADER

     NO.5 AND 6 ARE REPRESENTED BY
     THEIR GPA HOLDER MR. SHEKABBA K
     THE 7TH APPELLANT.

7.   SRI. SHEKABBA K
     AGED 46 YEARS
     S/O LATE ABDUL KHADER

     ALL ARE ESIDING AT
     PANJIMOGARU VILALGE
     MANGALURU TALUK - 575 013.
                                             ...APPELLANTS
(BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE)

AND:

1.   MR. GANESH NAIK
     S/O LATE JAYA NAIK
     AGED ABOUT 41 YEARS

2.   MR. SURESH NAIK
     S/O LATE JAYA NAIK
     AGED ABOUT 41 YEARS

     BOTH ARE RESIDING
     NEAR KULOOR BEEDU, PANJIMOGARU
     VILLAGE AND POST, MANGALURU TALUK
     D K - 575 013.
                                           ...RESPONDENTS
(BY SRI. P.N. MANMOHAN, ADVOCATE FOR C/R1 AND R2)
                               -3-
                                             NC: 2025:KHC:31023
                                           RSA No. 970 of 2022


HC-KAR



     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 25.02.2022 PASSED IN
RA.NO. 119/2018 ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE AND CJM, MANGALURU D.K, DISMISSING THE
APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 04.08.2018 PASSED IN OS.NO. 187/2009 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE, MANGALURU D.K, C/C I
ADDITIONAL CIVIL JUDGE, MANGALURU D.K.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE V SRISHANANDA


                       ORAL JUDGMENT

1. Learned counsel for the appellants has filed a

memo which reads as under:

"The appellants submit that they have amicably settled the disputes with the respondents and hence, not intending to prosecute the above appeal any further and would seek the leave of the court to withdraw the same. Accordingly, the appellants pray that the above appeal may kindly be dismissed as withdrawn, in the ends of justice and equity."

NC: 2025:KHC:31023

HC-KAR

2. Placing the memo on record, the appeal is

dismissed as withdrawn.

Sd/-

(V SRISHANANDA) JUDGE

SNC

CT: BHK