Shakira Banu vs Shivayya
2025 Latest Caselaw 7943 Kant

Karnataka High Court

Shakira Banu vs Shivayya on 2 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                          NC: 2025:KHC-K:5055
                                                       RSA No. 200405 of 2025


                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                        DATED THIS THE 2ND DAY OF SEPTEMBER, 2025

                                              BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                     REGULAR SECOND APPEAL NO. 200405 OF 2025 (DEC/INJ)


                   BETWEEN:

                        SHAKIRA BANU
                        W/O HAFIZ MOHAMMED
                        DAWOOD IBRAHIM,
                        AGED ABOUT 48 YEARS,
                        OCC: HOUSEHOLD,
                        R/AT: R/O: H.NO.1-4-109/A,
                        RAMALINGESHWARA LAYOUT,
                        RAICHUR - 584 101.

                                                                 ...APPELLANT

                   (BY SRI. ABDUL MUQHTADIR, ADVOCATE)
Digitally signed
by RENUKA          AND:
Location:
HIGH COURT
OF                 1.   SHIVAYYA
KARNATAKA               S/O ALKUR NARASAPPA,
                        AGED ABOUT 67 YEARS,
                        OCC: EMPLOYEE IN HEALTH DEPT,
                        R/AT: R/O: H.NO.09-10-89 MADDIPET,
                        RAICHUR - 584 102.

                   2.   THIMMAKKA
                        W/O LALAPPA,
                        AGE: MAJOR,
                        OCC: NOT KNOWN,
                        R/AT: STATION AREA,
                            -2-
                                          NC: 2025:KHC-K:5055
                                   RSA No. 200405 of 2025


HC-KAR




     DIST; RAICHUR - 584 101.

3.   KRISHNAVENI
     D/O TATABBAI,
     AGED ABOUT 58 YEARS,
     OCC; HOUSEHOLD,
     R/AT: MANSLAPUR VILLAGE,
     TQ: AND DIST: RAICHUR - 584 134.

4.   MAHENDRA RURAL
     HOUSING FINANCE LTD.,
     MPL NO 1-10-141/53 AND
     54 OPP - PUBLIC GARDEN,
     RAILWAY STATION ROAD,
     KALLUR COLONY,
     RAICHUR - 584 102.
                                                ...RESPONDENTS


      THIS   REGULAR   SECOND    APPEAL    IS    FILED   UNDER

SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PAYING TO

SET ASIDE THE JUDGMENT AND DECREE IN R.A.NO.43/2022

PASSED BY THE HON'BLE ADDL. SR. CIVIL JUDGE & JMFC-I,

AT RAICHUR DATED 24.06.2025 BY ALLOWING THIS APPEAL

IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS REGULAR SECOND APPEAL, COMING ON FOR

ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS

UNDER:
                                  -3-
                                            NC: 2025:KHC-K:5055
                                        RSA No. 200405 of 2025


 HC-KAR




CORAM:        HON'BLE MR. JUSTICE SHIVASHANKAR
              AMARANNAVAR

                         ORAL JUDGMENT

Learned counsel for appellant files a memo seeking

withdrawal of this regular second appeal with liberty to file

Miscellaneous Second Appeal.

2. Memo reads thus:

"Advocate for appellant herein submits that the appellant has filed this RSA due to wrong interpretation of provision. Hence, memo for withdrawal may be taken on record and liberty may be reserved to file Miscellaneous Second Appeal."

3. In view of the memo, the appeal is dismissed as

withdrawn with liberty as prayed for.

Registry is directed to return back the documents, if

any, to learned counsel for appellant.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE SDU

CT;VK