Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55328 (KAR)

SMT. BEFATHUMMA v. MR. GANESH NAIK

RSA/970/2022 · 2025-08-11

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31023 RSA No. 970 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 970 OF 2022 (INJ) BETWEEN: 1. SMT. BEFATHUMMA W/O LATE ABDUL KHADER AGED ABOUT 80 YEARS REPRESENTED BY HER GPA HOLDER MR. SHEKABBA K THE 7TH APPELLANT SRI K MOHAMMED BAWA SINCE DEAD BY LRS 2. SMT. AISAMMA W/O LATE MOHAMMEED BAVA AGED ABOUT 54 YEARS 3. SRI. K M FAIZAL W/O LT MOHAMMEED BAVA AGED ABOUT 34 YEARS 4. SRI. MOHAMMED NISAR K W/O LATE MOHAMMEED BAVA AGED ABOUT 29 YEARS 5. SMT. JUBIEDA AGED ABOUT 52 YEARS S/O LATE ABDUL KHADER Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31023 RSA No. 970 of 2022 6. SMT JAINABU AGED 49 YEARS S/O LT ABDUL KHADER NO.5 AND 6 ARE REPRESENTED BY THEIR GPA HOLDER MR. SHEKABBA K THE 7TH APPELLANT. 7. SRI. SHEKABBA K AGED 46 YEARS S/O LATE ABDUL KHADER ALL ARE ESIDING AT PANJIMOGARU VILALGE MANGALURU TALUK - 575 013. …APPELLANTS (BY SRI. VIJAYA KRISHNA BHAT M, ADVOCATE) AND: 1. MR. GANESH NAIK S/O LATE JAYA NAIK AGED ABOUT 41 YEARS 2. MR. SURESH NAIK S/O LATE JAYA NAIK AGED ABOUT 41 YEARS BOTH ARE RESIDING NEAR KULOOR BEEDU, PANJIMOGARU VILLAGE AND POST, MANGALURU TALUK D K - 575 013. …RESPONDENTS (BY SRI. P.N. MANMOHAN, ADVOCATE FOR C/R1 AND R2) - 3 - HC-KAR NC: 2025:KHC:31023 RSA No. 970 of 2022 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 25.02.2022 PASSED IN RA.NO. 119/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 04.08.2018 PASSED IN OS.NO. 187/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, MANGALURU D.K, C/C I ADDITIONAL CIVIL JUDGE, MANGALURU D.K. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Learned counsel for the appellants has filed a memo which reads as under: "The appellants submit that they have amicably settled the disputes with the respondents and hence, not intending to prosecute the above appeal any further and would seek the leave of the court to withdraw the same. Accordingly, the appellants pray that the above appeal may kindly be dismissed as withdrawn, in the ends of justice and equity." - 4 - HC-KAR NC: 2025:KHC:31023 RSA No. 970 of 2022 2. Placing the memo on record, the appeal is dismissed as withdrawn. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 64 CT: BHK