- 1 - HC-KAR NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 1190 OF 2014 (INJ) C/W REGULAR SECOND APPEAL NO. 1189 OF 2014 (INJ) IN RSA No. 1190/2014 BETWEEN: SRI. HAFIZ AGED BY 40 YEARS, S/O LATE HASSAN BAWA, R/AT MUKKACHERI, ULLAL VILLAGE AND POST, MANGALORE TALUK. …APPELLANT (BY SRI. NATARAJA BALLAL, ADVOCATE) AND: 1. ZOHARA AGED ABOUT 59 YEARS, 2. MOHAMMED AYUB AGED ABOUT 49 YEARS, 3. MOIDEEN MANSOOR AGED ABOUT 49 YEARS, 3(A). SMT. SHAKINA AGED ABOUT 40 YEARS W/O LATE MOIDEEN MANSOOR 3(B). MISS. SANA AGED ABOUT 20 YEARS Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014 D/O LATE MOIDEEN MANSOOR BOTH ARE RESIDING AT A.R. MANSION AZIZUDDIN ROAD, BUNDER, MANGALURU - 575 001. 4. SMT.REHANA ALI AGED ABOUT 44 YEARS, 5. SMT.FARZANA KHADER AGED ABOUT 39 YEARS, 6. SMT.AHMED NAWAZ AGED ABOUT 37 YEARS, 7. SMT.SHAMEENA R AHMED AGED ABOUT 31 YEARS, 8. SRI.ASHRAF RIYAZ AGED ABOUT 29 YEARS, 9. RUKSHANA BANU AGED ABOUT 27 YEARS, 10. RUBEEN BANU AGED ABOUT 25 YEARS, ALL THE RESPONDENTS ARE RESIDING AT A.R.MANSION, AZIZUDDIN ROAD, BUNDER, MANGALORE - 01. …RESPONDENTS (BY SMT. ANANYA RAI, ADVOCATE FOR SRI. M. VISHWAJITH RAI, ADVOCATE FOR R3(A) AND (B)) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 27.3.2014 PASSED IN R.A.NO.180/2007 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2007 - 3 - HC-KAR NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014 PASSED IN OS.No.255/1994 ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K.TRAIL COURT DISMISSED THE SUIT. IN RSA NO. 1189/2014 BETWEEN: SRI. HAFIZ AGED BY 40 YEARS, S/O LATE HASSAN BAWA, R/AT MUKKACHERI, ULLAL VILLAGE AND POST, MANGALORE TALUK. ...APPELLANT (BY SRI. NATARAJA BALLAL A, ADVOCATE) AND: 1. ZOHARA AGED ABOUT 59 YEARS, 2. MOHAMMED AYUB AGED ABOUT 49 YEARS, 3. MOIDEEN MANSOOR AGED ABOUT 49 YEARS, 3(A). SMT. SHAKINA AGED ABOUT 40 YEARS W/O LATE MOIDEEN MANSOOR 3(B). MISS. SANA AGED ABOUT 20 YEARS D/O LATE MOIDEEN MANSOOR BOTH ARE RESIDING AT A.R. MANSION AZIZUDDIN ROAD, BUNDER, MANGALURU - 575 001. - 4 - HC-KAR NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014 4. SMT.REHANA ALI AGED ABOUT 44 YEARS, 5. SMT.FARZANA KHADER AGED ABOUT 39 YEARS, 6. SMT.AHMED NAWAZ AGED ABOUT 37 YEARS, 7. SMT.SHAMEENA R AHMED AGED ABOUT 31 YEARS, 8. SRI.ASHRAF RIYAZ AGED ABOUT 29 YEARS, 9. RUKSHANA BANU AGED ABOUT 27 YEARS, 10. RUBEEN BANU AGED ABOUT 25 YEARS, ALL THE RESPONDENTS ARE RESIDING AT A.R.MANSION, AZIZUDDIN ROAD, BUNDER, MANGALORE - 01. ...RESPONDENTS THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DTD 27.03.2014 PASSED IN R.A. NO.181/2007 ON THE FILE OF THE IST ADDITIONAL SENIOR CIVIL JUDGE, MANGALORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 30.10.2007 PASSED IN OS NO.315/1994 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE (JR.DN.), MANGALORE, D.K. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:33989 RSA No. 1190 of 2014 C/W RSA No. 1189 of 2014 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking leave of the court to withdraw both the appeals. The memo is taken on record. Accordingly, both the appeals are dismissed as withdrawn in terms of the memo filed. Sd/- (ANANT RAMANATH HEGDE) JUDGE Bsv List No.: 1 Sl No.: 7