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2025 DAILYLAW 78965 (KAR)

D E ESHA SAHEB S/O ABUBAKARSAB v. S M ABDUL RASHID S/O ISMAIL SAB

RSA/1043/2012 · 2025-09-18

Pradeep Singh Yerur

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37558 RSA No. 1043 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO. 1043 OF 2012 (INJ-) BETWEEN: 1. D. M. ESHA SAHEB, S/O ABUBAKARSAB, AGE - 60 YEARS, AGRICULTURIST, R/O - 7TH WARD, KAILLIBAVIKERE, AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE. …APPELLANT (BY SRI V.R.DATAR, ADVOCATE) AND: 1. S. M. ABDUL RASHID, S/O ISMAIL SAB, AGE - 67 YEARS, AGRICULTURIST, R/O - 3RD WARD, CHITTARAGERI, AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE. 2. S. M. AZMATULLA, S/O IMAILSAB, AGE - 61 YEARS, AGRICULTURIST, R/O - 3RD WARD, CHITTARAGERI, Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37558 RSA No. 1043 of 2012 AT AND TALUK - HARAPANAHALLI - 583131. DIST. - DAVANAGERE. …RESPONDENTS (BY SRI SANTHOSH R.NELKUDRI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., PRAYING TO set aside THE JUDGMENT AND DECREE DATED 16.02.2012 PASSED IN R.A.NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, HARAPANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 22.07.2011 PASSED IN O.S.NO.34/2005 ON THE FILE OF THE CIVIL JUDGE & JMFC, HARAPANAHALLI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Both learned counsels are present. 2. It is submitted by the learned counsel for respondents that the subject matter of the appeal arises out of the judgments rendered by the trial Court and the First Appellate Court, Harappanahalli, which is now, within the jurisdiction of Vijayanagara District and after bifurcation, the same is coming within the jurisdiction of the High Court of Karnataka, Dharwad Bench. - 3 - HC-KAR NC: 2025:KHC:37558 RSA No. 1043 of 2012 3. Hence, this appeal would have to be placed before the Hon'ble Chief Justice to be listed before the High Court of Karnataka, Dharwad Bench. Accordingly, this appeal is disposed off for statistical purposes. Pending interlocutory applications, if any, do not survive for consideration and the same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 48