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2025 DAILYLAW 25736 (KAR)

SRI. ANWAR ABDUL RAHAIMAN v. SRI. V S SULAIMAN

RSA/1340/2020 · 2025-06-26

Ashok S Kinagi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22782 RSA No. 1340 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1340 OF 2020 BETWEEN: SRI. ANWAR ABDUL RAHAIMAN AGED ABOUT 49 YEARS S/O ABDUL RAHAIMAN SAHEB RESIDING AT PAKIZA MANZIL DEAN STREET NADASALU VILLAGE PADUBIDRI UDUPI TALUK AND DISTRICT-576101. …APPELLANT (BY SRI. K PRASANNA SHETTY., ADVOCATE) AND: SRI. V S SULAIMAN AGED ABOUT 57 YEARS S/O LATE SOOFI BEARY RESIDING AT OKKUTHOOR HOUSE VITTAL KASABA VILLAGE VITTAL POST, BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574243. …RESPONDENT (BY SRI. PRASAD HEGDE K B., ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 08.06.2020 PASSED IN RA.NO.61/2019 ON Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22782 RSA No. 1340 of 2020 THE FILE OF THE PRINCIPAL DISTRICT JUDGE, UDUPI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 25.10.2019 PASSED ON I.A.NO.II IN EX.CASE NO.52/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, DISMISSING THE I.A.NO.II FILED UNDER ORDER XXI RULE 97 AND SEC.94(e) AND 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT 1. The appellant has filed a memo dated 25.06.2025 for withdrawal of the appeal. 2. In the said memo, the appellant—Sri.Anwar Abdul Rahaiman, while seeking leave of the Court to withdraw the instant appeal as not pressed, has stated that the issue involved in this appeal is settled in Lok Adalat before the Court of the Additional Civil Judge and ACJM, Udupi, in O.S. No.137 of 2020 and the parties have entered into a compromise by filing a compromise petition, - 3 - HC-KAR NC: 2025:KHC:22782 RSA No. 1340 of 2020 wherein it was agreed that the appellant shall hold the possession of the suit schedule property. 3. Along with the affidavit, the appellant has enclosed a copy of the decree passed in O.S. No.137 of 2020. 4. The memo is taken on record and the appeal is dismissed as withdrawn. 5. In view of the dismissal of the appeal, pending interlocutory applications, if any, do not survive for consideration and they are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 32