Dismissed¶58

Shivaraju v. Ameena Khathun

Civil – Withdrawal of Miscellaneous Second Appeal

Karnataka HC13 Aug 2025MSA/37/2025

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What is this about?

Karnataka High Court Bengaluru; MSA No. 37 of 2025; V Srishananda J.; decided 13.08.2025; Shivaraju v. Ameena Khathun & 17 Ors.; Miscellaneous Second Appeal under Order 43 Rule 1(u) CPC; impugned judgment 11.11.2024 in R.A.No.162/2022 (VII Addl. District Judge, Tumakuru) reversing decree 22.04.2022 in O.S.No.35/2014; suit disposed 07/04/2025 after remand; appeal withdrawn by SPA-holder memo; dismissed as withdrawn; no merits decided.

What did the court decide?

Permission to withdraw the appeal granted; Miscellaneous Second Appeal No. 37 of 2025 dismissed as withdrawn on the memo of the appellant's SPA holder. ¶58

Shivaraju Vs Ameena Khathun — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:31573 MSA No. 37 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 37 OF 2025 (RO)

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BETWEEN:

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SHIVARAJU S/O LATE THIMMEGOWDA, AGED 67 YEARS, R/AT P GOLLAHALLI VILLAGE, BELLAVI HOBLI 572128. TUMAKURU TALUK AND DISTRICT

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…APPELLANT

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(BY SRI. M B CHANDRACHOODA., ADVOCATE)

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AND:

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AMEENA KHATHUN

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Digitally signed by MALATESH K C

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Location: HIGH COURT OF KARNATAKA

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W/O LATE T GHOUSE KHAN, AGED 83 YEASR, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL DOMMALUR, BENGALURU 560 037.

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SAHERA NASIM BANU D/O LATE T GHOUSE KHAN, AGED 63 YEARS, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL, DOMALUR, BENGALURU - 560 037.

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3. ASHFAK AHAMED KHAN S/O LATE T GHOUSE KHAN,

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NC: 2025:KHC:31573 MSA No. 37 of 2025

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HC-KAR

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AGED 59 YEARS, R/AT H NO. 423, A TYPE, BDA QUARTERS, HAL DOMMALUR, BENGALURU - 560 037.

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NASEEB AHAMED KHAN S/O LATE T GHOUSE KHAN, AGED 57 YEARS, R/AT 9TH CROSS, SADASHIVANAGAR, TUMAKURU - 572 102.

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ASTAB AHAMED KHAN S/O LATE T GHOUSE KHAN, AGED 55 YEARS, R/AT 10TH CROSS, SURESH LAYOUT, SADASHIVANAGAR, TUMAKURU 572 102.

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SMT DEVEERAMMA W/O LATE GANGANNA, AGED 81 YEARS,

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BASAVARAJU S/O LATE GANGANNA, AGED 61 YEARS,

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SHIVALINGAIAH S/O LATE GANGANNA, AGED 51 YEARS,

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JAYANNA S/O LATE GANGANNA, AGED 49 YEARS,

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RESPONDENTS 6 TO 9 ARE R/AT GOLLAHALLI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK AND DISRICT 572 128

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NC: 2025:KHC:31573 MSA No. 37 of 2025

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HC-KAR

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SMT SIDDAGANGAMMA D/O LATE GANGANNA, W/O KEMPANNA, AGED 47 YEARS, R/A ALEMANE, KANNENAHALLI, BELLAVI HOBLI 572128. TUMAKURU TQ AND DIST.

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SMT SWARANAMMA D/O LATE GANGANNA, W/O SHANMUKAIAH, AGED 43 YEARS, R/AT DODDERI VILLAGE 572128. BELLAVI HOBLI, TUMAKURU TQ AND DIST.

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RIHANNA BI W/O LATE NAZEER SAB, AGED 81 YEARS,

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SHABBER AHAMED KHAN S/O LATE NAZEER SAB, AGED 67 YEARS,

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FAIROZ AHAMED KHAN S/O LATE NAZEER SAB, AGED 65 YEARS,

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FARAHANA KHANUM D/O LATE NAZEER SAB, AGED 63 YEARS,

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AZEEMA KHANUM D/O LATE NAZEER SAB, AGED 61 YEARS,

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RAHANATH ULLA KHAN S/O LATE NAZEER SAB, AGED 57 YEARS,

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NC: 2025:KHC:31573 MSA No. 37 of 2025

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HC-KAR

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NOOR AHAMED KHAN, S/O LATE NAZEER SAB, AGED 57 YEARS,

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RESPONDENTS 12 TO 18 ARE R/AT 8TH CROSS, OPP BHARATH FLOUR MILL SREET, MELEKOTE MAIN, NEAR DHANA PALACE, TUMAKURUC ITY 572101

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…RESPONDENTS

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THIS MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.11.2024 PASSED IN RA NO.162/2022 ON THE FILE OF VII ADDITIONAL DISTRICT JUDGE, TUMAKURU, REVERSING THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN OS NO.35/2014 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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which reads as under :

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The SPA holder of the Appellant submits that, the above appeal is filed against the Judgment and Decree dated 11/11/2024 passed in R.A.No.162/2022 on the file of VI Addl. District Judge, Tumakuru, wherein, the Hon'ble Court has set aside the Judgment and Decree dated 22/04/2022, passed in O.S.No.35/2014 on the file

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NC: 2025:KHC:31573 MSA No. 37 of 2025

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HC-KAR

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of II Addl. Senior Civil Judge & JMFC, Tumkur. That pursuant to the remand order, the O.S.No.35/2014 pending on the file of II Addl. Senior Civil Judge & JMFC, Tumkuru, has been disposed off on 07/04/2025. Hence, the Appellant seeks the permission of this Hon'ble Court to withdraw the appeal, in the interest of justice.

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Placing the memo on record, appeal is dismissed as

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withdrawn.

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Sd/(V SRISHANANDA) JUDGE

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SNC List No.: 1 Sl No.: 1

Shivaraju v. Ameena Khathun

Case brief

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Shivaraju v. Ameena Khathun

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