The High Court of Karnataka dismissed the miscellaneous second appeal filed by the appellants against the judgment and decree in a suit for partition and other reliefs, as the appeal was withdrawn by the learning counsel
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NC: 2024:KHC:10120 MSA No. 10 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 10 OF 2022
BETWEEN:
SMT MUMTAZ W/O LATE HUSSAIN SAB AGED ABOUT 66 YEARS, RESIDING AT NO.51 / 18 9TH CROSS BHARATH COLONY KABBUR BASAPPA NAGAR DAVANAGERE -577 003
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
D/O LATE HUSSAIN SAB W/O KHASIM SAB AGED ABOUT 48 YEARS, NEAR WATER TANK JCR EXTENSION JAGALURU -577 528 DAVANAGERE DIST
NC: 2024:KHC:10120 MSA No. 10 of 2022
BANGALORE NORTH BANGALORE-560016
R6 TO R8 ARE RESIDENT OF MARENAHALLI VILLAGE JAGALURU TALUK -577 528 DAVANAGERE DISTRICT
…APPELLANTS
(BY SRI. S B TOTAD.,ADVOCATE)
AND:
AGED ABOUT 36 YEARS,
ALL ARE AGRICULTURIST R/AT HANUMANTHAPURA GOLLARAHATTI VILLAGE JAGALUR TALUK
JAYATHUMBI W/O LATE KHASIM SAB AGED ABOUT 68 YEARS,
BOTH ARE R/AT MARENAHALLI VILLAGE JAGALUR-577528 DAVANAGERE DISTRICT
…RESPONDENTS
THIS MSA IS FILED UNDER ORDER 43 RULE 1(U) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 29.09.2021 PASSED IN R.A.NO. 138/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JAGALUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREED DATED 13.11.2018 PASSED IN O.S.NO.196/2012 ON THE FILE OF THE LEARNED
NC: 2024:KHC:10120 MSA No. 10 of 2022
CIVIL JUDGE AND JMFC, JAGALUR, DISMISSING THE THE SUIT FOR INJUNCTION AND DECLARATION. THE APPELLATE COURT REMANDED BACK THE MATTER TO THE TRIAL COURT FOR FRAMING THE ADDITIONAL ISSUE ON POINT OF ADVERSE POSSESSION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORDER
A memo for withdrawal of the appeal is filed by
the learned counsel for the appellant. The memo is placed on record.
The appeal is Dismissed As Withdrawn .
SD/JUDGE
JJ
List No.: 1 Sl No.: 34
HUSSAIN SAB SINCE DEAD BY HIS LRS SMT MUMTAZ W/O LATE HUSSAIN SAB AGED ABOUT 66 YEARS ZAHEERA BANU D/O LATE HUSSAIN SAB W/O KHASIM SAB AGED ABOUT 48 YEARS SHAKI
SRI HALLEPPA S/O LATE SANNACHIKKAPPA AGED ABOUT 62 YEARS.
RANGASWAMY S/O HALLEPPA AGED ABOUT 36 YEARS.
ANJINAPPA S/O JAMAGAPPA AGED ABOUT 36 YEARS.
K R SANGAPPA S/O KAMAPALAPPA AGED ABOUT 76 YEARS.
JAYATHUMBI W/O LATE KHASIM SAB AGED ABOUT 68 YEARS SHAHEENA W/O HUSSAIN SAB AGED ABOUT 42 YEARS.
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
