- 1 - NC: 2025:KHC:13006 RSA No. 951 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.951 OF 2010 (PAR) BETWEEN: 1. 1(A) IBRAHIM SAB (DEAD BY LRS) ZAHIR BEGUM W/O LATE IBRAHIM SAB AGED 50 YEARS 1(B) MOHAMMED RAFIQ S/O LATE IBRAHIM SAB AGED 36 YEARS 2. 2(A) 2(B) 2(C) 2(D) SHUKUR SAB (DEAD BY LRS) SMT.ASMATHNUSSA W/O SHUKUR SAB AGED ABOUT 66 YEARS ANSAR S/O SHUKUR SAB AGED ABOUT 45 YEARS NAZINE D/O SHUKUR SAB AGED ABOUT 44 YEARS NAZIR S/O SHUKUR SAB AGED ABOUT 43 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13006 RSA No. 951 of 2010 2(E) 2(F) 2(G) 2(H) 2(I) SADIQ PASHA S/O SHUKUR SAB AGED ABOUT 42 YEARS GHOUSE S/O SHUKUR SAB AGED ABOUT 41 YEARS NAZIMA D/O SHUKUR SAB AGED ABOUT 40 YEARS AFZAR D/O SHUKUR SAB AGED ABOUT 39 YEARS SAMEENA D/O SHUKUR SAB AGED ABOUT 29 YEARS LRS. NOS.2(A) TO 2(I) ARE RESIDING AT NO.128, WARD NO.17, OLD MUTTON MARKET FAKER WARADA HOSKOTE TALUK BENGALURU RURAL DISTRICT - 563115 3. PYREJAN AGED 69 YEARS 4. ABDUL REHMAN AGED 68 YEARS 5. 5(A) RAHAMATHULLA (DEAD BY HIS LRS) SMT. CHAND BEE W/O LATE RAHAMATHULLA AGED ABOUT 70 YEARS - 3 - NC: 2025:KHC:13006 RSA No. 951 of 2010 5(B) 5(BI) 5(BII) 5(BIII) 5(BIV) 5(BV) CHAND PASHA (DEAD BY HIS LRS) SMT.IRSHAD W/O CHAND PASHA AGED ABOUT 45 YEARS NAUSHAD S/O CHAND PASHA AGED ABOUT 27 YEARS SMT.SHAZIYA W/O HABEEB AGED ABOUT 27 YEARS FIRDOSE S/O CHAND PASHA AGED ABOUT 25 YEARS SMT.AYESHA W/O YASIN AGED ABOUT 25 YEARS LRS NOS.5(BI) TO 5(BV) ARE RESIDING AT GHOUSE SAB LANE 5TH CROSS, SLUM AREA BENGALURU - 560021 5(C) SAUKATH S/O LATE RAHAMATHULLA AGED ABOUT 42 YEARS 5(D). ALLABAKASH S/O LATE RAHAMATHULLA AGED ABOUT 39 YEARS 5(E). SIRAJ S/O LATE RAHAMATHULLA AGED ABOUT 34 YEARS - 4 - NC: 2025:KHC:13006 RSA No. 951 of 2010 5(F). INAYATHULLA DELETED VIDE ORDER DATED 22.04.2010 LRS NOS.5(A) TO 5(F) ARE RESIDING AT GHOUSE SAB LANE 5TH CROSS(SLUM AREA) BENGALURU - 560021 6. ABDUL GAFFAR AGED 70 YEARS 7. SYED YAKUB AGED 68 YEARS APPELLANT NOS.5, 6 AND 7 ARE SONS OF LATE SALAR SAB RESIDING AT C/O ABDUL GAFFAR BALAJI TALKIES ROAD MALUR - 563 103 …APPELLANTS (BY SRI. S KEERTHIKAR, ADVOCATE) AND: 1. 1(A) MOHAMMED IBRAHIM (DEAD BY LRS) SMT. PYREMA @ PYREJAN W/O LATE MOHAMMED IBRAHIM AGED ABOUT 70 YEARS 1(B) ISSAQUE S/O LATE MOHAMMED IBRAHIM AGED ABOUT 45 YEARS - 5 - NC: 2025:KHC:13006 RSA No. 951 of 2010 1(C) ASHRUFF S/O LATE MOHAMMED IBRAHIM AGED ABOUT 43 YEARS 1(D) MUSTAQUE S/O LATE MOHAMMED IBRAHIM AGED ABOUT 42 YEARS 1(E) SARTAZ S/O LATE MOHAMMED IBRAHIM AGED ABOUT 41 YEARS 1(F) IMTIYAZ S/O LATE MOHAMMED IBRAHIM AGED ABOUT 40 YEARS 1(G) SIDDIQUE S/O LATE MOHAMMED IBRAHIM AGED ABOUT 39 YEARS 1(H) MOULA S/O LATE MOHAMMED IBRAHIM AGED ABOUT 38 YEARS 1(I) MALIK S/O LATE MOHAMMED IBRAHIM AGED ABOUT 37 YEARS 2 ABDUL JALEEL (ALREADY DELETED IN THE APPEAL) …RESPONDENTS (BY SRI.MOHAN H, ADVOCATE FOR SRI.L.M.RAMAIAH GOWDA, ADVOCATE FOR R.1(B TO D, H AND E) V/O/D 08.09.2014 - SERVICE OF NOTICE TO R.1(F) AND R.1(I) ARE HELD SUFFICIENT V/O/D 16.12.2013 - R.1(B TO E) ARE TREATED AS LR'S OF R.1(A)) - 6 - NC: 2025:KHC:13006 RSA No. 951 of 2010 THIS RSA IS FILED U/SEC.100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 04.03.2010 PASSED IN R.A.NO.114/1997 ON THE FILE OF THE II ADDL. CIVIL JUDGE, (SR. DN.), KOLAR, ITINERATING AT MALUR, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 02.07.1997 PASSED IN O.S.420/1984 ON THE FILE OF THE CIVIL JUDGE, (JR. DN.) AND JMFC, MALUR AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for appellants has filed a memo stating that dispute between parties is settled out of Court. 2. Learned counsel for respondents submits no objection. 3. In view of above, appeal is dismissed as settled out of Court. Pending applications, if any, are also disposed off. Sd/- (RAVI V HOSMANI) JUDGE NBM List No.: 1 Sl No.: 1