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2025 DAILYLAW 17245 (KAR)

SRI SANAULLA SHEERIFF v. SMT NOORJAN

RFA/795/2019 · 2025-06-20

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21427 RFA No. 795 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 795 OF 2019 (SP) BETWEEN: SRI. SANAULLA SHEERIFF S/O LATE HUSSAIN SHARIFF, AGED ABOUT 64 YEARS, R/O # 555, DARGA COMPOUND, ANANDAPURA, MYSORE ROAD, BANGALORE-560 002. …APPELLANT (BY SRI. BABU.M., ADVOCATE) AND: SMT.NOORJAN W/O LATE MOHAMMED IQBAL, AGED ABOUT 56 YEARS, R/O C/O LATE ANWAR KHAN, NO-21/2, GROUND FLOOR, WILSON GARDEN, HOSUR ROAD, BANGALORE-560 027. …RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 AND 2 OF THE CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR DISMISSAL, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Babu.M., counsel for the appellant has appeared in person. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21427 RFA No. 795 of 2019 Counsel for the appellant submits that a memo has been filed stating that the parties have settled the dispute out of Court. Hence, the appellant do not wish to prosecute the appeal. Counsel therefore, submits that the memo may be placed on record and the appeal may be dismissed as withdrawn. When queried, counsel for the appellant submits that a conscious decision is taken by him and the appellant about withdrawal of the appeal. The oral submission made by counsel for the appellant and the memo is placed on record. The Regular First Appeal is dismissed as withdrawn. Because the matter is settled out of Court, the Registry concerned is hereby directed to refund the admissible Court fee as per the Karnataka Court Fee and Suits Valuation Act, 1958 to the appellant. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 38.1