Dismissed¶67

Sri. Hafiz v. Zohara

Karnataka HC1 Sept 2025RSA/1190/2014

Case brief

AI extract

What is this about?

NC: 2025:KHC:33989. Withdrawal by memo of two regular second appeals under S.100 CPC before the Karnataka High Court (Bengaluru), single Judge (Anant Ramanath Hegde), decided 01.09.2025. Hafiz (appellant) v. Zohara and eleven other respondents. Underlying suits OS.No.255/1994 and OS No.315/1994 (I Addl. Civil Judge (Jr.Dn.), Mangalore) dismissed 30.10.2007; first appeals R.A.No.180/2007 and R.A. No.181/2007 (Senior Civil Judge, Mangalore) dismissed 27.03.2014 confirming the trial decrees. Both RSAs dismissed as withdrawn at the appellant's instance; no adjudication on merits; no ratio or precedent value.

What did the court decide?

Leave to withdraw both appeals granted; both appeals dismissed as withdrawn in terms of the memo filed. ¶67

Sri. Hafiz Vs Zohara — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014

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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 1^ST DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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REGULAR SECOND APPEAL NO. 1190 OF 2014 (INJ) C/W REGULAR SECOND APPEAL NO. 1189 OF 2014 (INJ)

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IN RSA No. 1190/2014

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BETWEEN:

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SRI. HAFIZ AGED BY 40 YEARS, S/O LATE HASSAN BAWA, R/AT MUKKACHERI, ULLAL VILLAGE AND POST, MANGALORE TALUK.

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…APPELLANT

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(BY SRI. NATARAJA BALLAL, ADVOCATE)

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AND:

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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ZOHARA AGED ABOUT 59 YEARS,

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MOHAMMED AYUB AGED ABOUT 49 YEARS,

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MOIDEEN MANSOOR AGED ABOUT 49 YEARS,

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3(A). SMT. SHAKINA AGED ABOUT 40 YEARS W/O LATE MOIDEEN MANSOOR

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3(B). MISS. SANA AGED ABOUT 20 YEARS

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- 2 - NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014

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HC-KAR

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D/O LATE MOIDEEN MANSOOR BOTH ARE RESIDING AT A.R. MANSION AZIZUDDIN ROAD, BUNDER, MANGALURU - 575 001.

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SMT.REHANA ALI AGED ABOUT 44 YEARS,

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SMT.FARZANA KHADER AGED ABOUT 39 YEARS,

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SMT.AHMED NAWAZ AGED ABOUT 37 YEARS,

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SMT.SHAMEENA R AHMED AGED ABOUT 31 YEARS,

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SRI.ASHRAF RIYAZ AGED ABOUT 29 YEARS,

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RUKSHANA BANU AGED ABOUT 27 YEARS,

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RUBEEN BANU AGED ABOUT 25 YEARS, ALL THE RESPONDENTS ARE RESIDING AT A.R.MANSION, AZIZUDDIN ROAD, BUNDER, MANGALORE - 01.

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…RESPONDENTS

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(BY SMT. ANANYA RAI, ADVOCATE FOR SRI. M. VISHWAJITH RAI, ADVOCATE FOR R3(A) AND (B))

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THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 27.3.2014 PASSED IN R.A.NO.180/2007 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2007

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3 - NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014

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HC-KAR

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PASSED IN OS.No.255/1994 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K.TRAIL COURT DISMISSED THE SUIT.

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IN RSA NO. 1189/2014

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BETWEEN:

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SRI. HAFIZ AGED BY 40 YEARS, S/O LATE HASSAN BAWA, R/AT MUKKACHERI, ULLAL VILLAGE AND POST, MANGALORE TALUK.

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...APPELLANT

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(BY SRI. NATARAJA BALLAL A, ADVOCATE)

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AND:

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ZOHARA AGED ABOUT 59 YEARS,

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MOHAMMED AYUB AGED ABOUT 49 YEARS,

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MOIDEEN MANSOOR AGED ABOUT 49 YEARS,

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3(A). SMT. SHAKINA AGED ABOUT 40 YEARS W/O LATE MOIDEEN MANSOOR

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3(B). MISS. SANA AGED ABOUT 20 YEARS D/O LATE MOIDEEN MANSOOR BOTH ARE RESIDING AT A.R. MANSION AZIZUDDIN ROAD, BUNDER, MANGALURU - 575 001.

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4 - NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014

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HC-KAR

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SMT.REHANA ALI AGED ABOUT 44 YEARS,

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SMT.FARZANA KHADER AGED ABOUT 39 YEARS,

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SMT.AHMED NAWAZ AGED ABOUT 37 YEARS,

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SMT.SHAMEENA R AHMED AGED ABOUT 31 YEARS,

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SRI.ASHRAF RIYAZ AGED ABOUT 29 YEARS,

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RUKSHANA BANU AGED ABOUT 27 YEARS,

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RUBEEN BANU AGED ABOUT 25 YEARS, ALL THE RESPONDENTS ARE RESIDING AT A.R.MANSION, AZIZUDDIN ROAD, BUNDER, MANGALORE - 01.

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...RESPONDENTS

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THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DTD 27.03.2014 PASSED IN R.A. NO.181/2007 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE, MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 30.10.2007 PASSED IN OS NO.315/1994 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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