- 1 - NC: 2025:KHC-D:2648 RSA No. 100419 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100419 OF 2017 (DEC/INJ-) BETWEEN: SHRI. MEHABOOBSAB S/O. MAKTUMHUSAINI GOVE, SINCE DECEASED BY HIS LRS. 1A. SMT. JANNATBI W/O. MEHBBOBSAB GOVE, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. PLT NO.839, SECTOR NO.6, VANTAMURI COLONY, BELAGAVI – PIN -590016. 1B. SHRI. TANVEER S/O. MEHBBOBSAB GOVE, AGE: 41 YEARS, OCC: BUSINESS, R/O. PLOT NO.839, SECTOR NO.6, VANTAMURI COLONY, BELAGAVI – PIN -590016. 1C. ABBASIYAFAHIM D/O. MEHBOOBSAB GOVE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.839, SECTOR NO.6, VANTAMURI COLONY, BELAGAVI – PIN -590016. 1D. TAFFASIYASHAHID D/O. MEHBOOBSAB GOVE, AGE: 26 OCC: HOUSEHOLD WORK, R/O. PLOT NO.839, SECTOR NO.6, VANTAMURI COLONY, BELAGAVI – PIN -590016. V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 16:32:42 +0530 - 2 - NC: 2025:KHC-D:2648 RSA No. 100419 of 2017 1E. ROHEEN D/O. MEHBOOBSAB GOVE, AGE: 20 YEARS, OCC: STUDENT, R/O.PLOT NO.839, SECTOR NO.6, VANTAMURI COLONY, BELAGAVI – PIN – 590016. …APPELLANTS (BY SRI. A. B. NESARGI, ADVOCATE) AND: 1. ASADKHAN CO-OP. HOUSING SOCIETY REPRESENTED BY ITS CHAIRMAN SHRI. MOHAMMADALI IBRAHIM MAKANDAR AGE: MAJOR, OCC: CHAIRMAN, R/O: H.NO.288, MUJAWAR GALLI, BELAGAVI-590001. 2. SHRI. KHWAJA S/O. IBRAHIM MOHAMMADALI MAKANDAR, AGE: MAJOR, OCC: BUSINESS, R/O: MUJAWAR GALLI, BELAGAVI-590001, SECRETARY OF ASADKHAN CO-OP. HOUSING SOCIETY LIMITED, BELAGAVI. 3. SMT.SHAHEEN W/O. MUSTAQ PEERZADE AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: ADITI APARTMENT, FLAT NO.11, MAHANTESHH NAGAR, BELAGAVI-590016. …RESPONDENTS (BY SRI. SHREEVATSA HEGDE AND SRI. SOURABH HEGDE FOR R3, ADVOCATES; R1 AND R2 – HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO ALLOW THE TOP NOTED APPEAL, BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.72/2016 DATED 30.03.2017 BY THE HON’BLE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM., BELAGAVI AND RESTORE THE JUDGMENT AND DECREE OF THE TRIAL COURT PASSED IN O.S.NO.273/2009 DATED 16.06.2016, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:2648 RSA No. 100419 of 2017 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT It is submitted by the learned counsel appearing for the appellants that, appellant is the plaintiff, challenging the judgment and decree dated 30.03.2017 in RA No.72/2016 on the file of III Additional Senior Civil Judge, Belagavi, allowing the appeal and setting aside the judgment and decree dated 16.06.2016 in OS No.273/2009 on the file of IV Additional Civil Judge and JMFC, Belagavi, decreeing the suit of the plaintiff in part. 2. Parties are present before the Court and they have been identified by the learned counsel appearing for the parties. 3. It is submitted by the learned counsel appearing for the appellants that, the appellant/plaintiff is willing to withdraw the appeal in terms of the memo dated 11.02.2025 and same has not been countered by the learned counsel appearing for the respondents. - 4 - NC: 2025:KHC-D:2648 RSA No. 100419 of 2017 4. Parties are submitted that the appeal be disposed off in terms of the memo. 5. Accepting the same, I hereby confirm the judgment and decree dated 30.03.2017 in RA No.72/2016 on the file of III Additional Senior Civil Judge, Belagavi. 6. With these observations, appeal is disposed off in terms of the memo dated 11.02.2025. Sd/- (E.S.INDIRESH) JUDGE SMM CT:ANB List No.: 1 Sl No.: 2