Appellant in a regular first appeal against a decree in O.S.No.18/2015 filed a memo seeking withdrawal of the appeal. The High Court took the memo on record and dismissed the appeal as withdrawn, with pending interlocutory applications disposed of.
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.
NC: 2024:KHC:46348-DB RFA No. 501 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 501 OF 2023 (SP)
BETWEEN:
SMT. HIFZA BANU W/O LATE B AFTAB AHMED AGED ABOUT 68 YEARS R/A NO.1125/4, S J H ROAD 8TH MAIN, VIDYARANYAPURAM MYSURU-570008.
…APPELLANT
(BY SRI. SANDEEP K - ADVOCATE)
AND:
SRI. N. K. FAREED S/O LATE ABDUL KHADER Digitally AGED ABOUT 55 YEARS signed by R/A NO.3103, BERKA MAKAN STREET SUMATHY LASHKAR MOHALLA KANNAN MYSURU - 570008 Location: AND ALSO AT DOOR NO.524 High Court of Karnataka MAIN ROAD, GARGESHWARI KASABA HOBLI T NARASIPURA TALUK MYSURU DISTRICT-570008.
…RESPONDENT
KASABA HOBLI, T NARASIPURA TALUK MYSORE – 571110.
…PROPOSED IMPLEADING APPLICANTS
(BY SRI. RAJIV R A/W D. KAVITHA – ADVOCATE FOR PROPOSED IMPLEADING APPLICANTS)
THIS RFA FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.12.2022 PASSED IN OS NO.18/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, T. NARASIPURA, MYSORE AND DISMISS THE SUIT.
THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND
HON'BLE MR JUSTICE RAJESH RAI K
NC: 2024:KHC:46348-DB RFA No. 501 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and
decree passed in O.S.No.18/2015 dated 05.12.2022 by the Senior Civil Judge and JMFC at T.M.Pura, Mysore.
Learned counsel Sri Sandeep.K for appellant and learned counsel Sri Rajiv.R along with learned counsel Smt D.Kavitha for proposed impleading appellants on I.A.No.1/2024 are present.
Learned counsel for the appellant has filed a memo seeking withdrawal of the appeal. Therefore, memo is taken on record. In terms of the memo, the present appeal is dismissed as withdrawn.
In view of disposal of the appeal, if any interlocutory application pending, same shall stand disposed of.
SD/(K.SOMASHEKAR) JUDGE
SD/(RAJESH RAI K) JUDGE
RJ
2 provisions across 1 enactments
SMT. HIFZA BANU
SRI. N. K. FAREED
SMT. BENAZIR @ ANEESH FATHIMA
SRI. VIQUAR AZEEM B
SRI. G IQBAL HUSSAI
SRI. AFZAL HUSSAIN
K.SOMASHEKAR
RAJESH RAI K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
