- 1 - HC-KAR NC: 2025:KHC:38121 RSA No. 900 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 900 OF 2022 (DEC) BETWEEN: ABDUL HAMEED SAB DEAD BY HIS LRS 1. SMT. SEEMA BHANU WIFE OF ABDUL HAMEED SAB AGED ABOUT 53 YEARS RESIDENT OF ASHRAYA BADAVANE SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 2. PARVEEN @ PARVEEN BANU DAUGHTER OF ABDUL HAMEED SAB AGED ABOUT 51 YEARS 3. SIZAVED BHASHA SON OF ABDUL HAMEED SAB AGED ABOUT 49 YEARS 4. FAIRZ BHASHA SON OF ABDUL HAMEED SAB AGED ABOUT 49 YEARS ALL ARE RESIDENTS OF VADINKOPPA HOSACAMP, NEAR AMBEDKAR COLLEGE VIADYANAGARA, SHIVAMOGGA - 577 201. …APPELLANTS (BY SRI. M.R. HIREMATHAD, ADVOCATE FOR R1 TO R4) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38121 RSA No. 900 of 2022 AND: ABDUL KHADER SAB DEAD BY LRS 1. AFFROZULLHA S/O ABDULLA KHADARSAB AGED ABOUT 25 YEARS 2. SMT. NOUSHAF BHANU W/O SHAMIULLA AGED ABOUT 36 YEARS 3. SMT. HEENA BHANU W/O MEHABOOB AGED ABOUT 31 YEARS APPELLANTS ARE THE RESIDENTS OF JAYANAGARA MAIN ROAD SHIKARIPURA TOWN SHIVAMOGGA DIST. 4. SMT. NEELUFAR W/O AKBHAR BEG AGED ABOUT 33 YEARS RESIDENT OF LASHKAR MOHALLA SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI. K. SREEDHAR, ADVOCATE FOR R1 TO R4) THIS RSA IS FILED U/S 100 OF CPC, FILED AGAINST THE JUDGMENT AND DECREE DATED 31.01.2022 PASSED IN RA NO.14/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SHIKARIPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.02.2021 PASSED IN OS NO.26/2013 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, SHIKARIPURA. - 3 - HC-KAR NC: 2025:KHC:38121 RSA No. 900 of 2022 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants has filed a memo which reads as under: "The Advocate for the petitioner respectfully submits as under: The appellant here-in has sold the property to some third party much prior to the filing of this appeal but failed to instruct the counsel in this behalf hence, Due to lack of instructions, this appeal came to be filed and been kept pending for hearing. Now the counsel has received information in this behalf. Hence, I may be permitted to withdraw the appeal as infructuous. Placing the memo on record, appeal stands dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 49 CT: BHK