The regular second appeal was admitted. The appellant filed a memo stating a desire to withdraw the appeal. The court accepted the withdrawal and dismissed the appeal accordingly.
The appeal is dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No.706/2013 (DEC/INJ)
BETWEEN:
MIRZA MAZHARULLA S/O LATE S.S. JABBAR BEIG AGED ABOUT 55 YEARS R/O MAIN ROAD SIRA TOWN-572132.
... APPELLANT
(BY SRI.VIJAY KRISHNA BHAT.M, ADVOCATE)
AND:
A. BALKIES W/O.LATE ANWER BEIG MAJOR.
B. JOHAR BEIG AGED ABOUT 41 YEARS
C. AFROZ BEIG AGED ABOUT 40 YEARS
D. FIROZ BEIG AGED ABOUT 36 YEARS
E. JABBAR BEIG AGED ABOUT 22 YEARS
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F. FAROJANA AGED ABOUT 24 YEARS
G. JAFAR BEIG AGED ABOUT 30 YEARS LRS (B) TO (G) ARE CHILDREN OF LATE ANWER BEIG ALL ARE RESIDENTS OF KAVADIGARA STREET NEAR PWD QUARTERS MADHUGIRI-572135.
... RESPONDENTS
(BY SRI.M.E. NAGESH, ADVOCATE FOR R1 (B) TO (E); NOTICE TO R1(F) AND R1(G) IS HELD SUFFICIENT V/O DATED 16.01.2020; R2 – SERVED; R1(B) TO R1(G) ARE TREATED AS LRS OF DECEASED R1(A) V/O DATED 16.01.2020)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 8.4.2009 PASSED IN R.A.NO.170/2005 ON THE FILE OF THE CIVIL JUDGE (SR. DN) SIRA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 10.12.2004 PASSED IN O.S.NO.22/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR. DN) & JMFC., SIRA.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
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J U D G M E N T
Learned counsel appearing for the appellant has filed the Memo dated 04.08.2021 stating that the appellant wants to withdraw the above appeal.
Memo is taken on record.
In view of the said Memo, this appeal is dismissed
as withdrawn.
Sd/JUDGE
NBM
MIRZA MAZHARULLA
ANWER BEIG LRS
B. MOHAMMED ILLIYAS AHMED ALIAS BABA
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
