- 1 - HC-KAR NC: 2025:KHC:36560 MFA No. 367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 367 OF 2025 (CPC) BETWEEN: 1. SRI KHALEEL KHAN DEAD BY LRS GULGAR BANU W/O LATE KHALEEL KHAN PRESENT AGED ABOUT 56 YEARS 2. SHAMA PRAVEEN PRESENT AGED ABOUT 36 YEARS D/O LATE KHALEEL KHAN 3. ROSHNI KHANAM D/O LATE KHALEEL KHAN PRESENT AGED ABOUT 34 YEARS 4. HEENA KOUSER D/O LATE KHALEEL KHAN PRESENT AGED ABOUT 31 YEARS 5. HASSAIN KHAN S/O LATE KHALEEL KHAN PRESENT AGED ABOUT 27 YEARS 6. HUSSAIN KHAN S/O LATE KHALEEL KHAN PRESENT AGED ABOUT 27 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36560 MFA No. 367 of 2025 7. NIZAM KHAN S/O LATE KHALEEL KHAN, PRESENT AGED ABOUT 25 YEARS ALL ARE R/AT MEDIMALLSANDRA VILLAGE AND POST, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DIST-562114 …APPELLANTS (BY SRI. PRADEEP KUMAR R. H., ADVOCATE) AND: 1. SMT YASMIN W/O AMEER D/O LATE SALEEM KHAN PRESENT AGED ABOUT 32 YEARS R/AT MEDIMALLASANDRA VILLAGE ANNUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562114 2. SRI. NADEEM KHAN S/O LATE SHAMEEM BANU AND LATE AJEEM KHAN AGED ABOUT 43 YEARS R/AT MEDIMALLASANDRA VILLAGE ANUGONDAHALLI HOBLI HOSAKOTE TALUK-562114 3. SRI. TAUSEEF KHAN S/O LATE ASIF KHAN AND LATE TASLEEM KHAN AGED ABOUT 40 YEARS R/AT MEDIMALASANDRA VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK-562114 4. SMT. ASFIYA KHANUM D/O LATE ASIF KHAN AND LATE TASLEEM KHAN R/AT 5TH CROSS, HOSUR MAIN ROAD - 3 - HC-KAR NC: 2025:KHC:36560 MFA No. 367 of 2025 BEHIND RAJARAJSHWARI LAYOUT ANEKAL- 562 106 5. SMT. FIRDAS BANU D/O LATE SHAMEEM BANU AND LATE AJEEM KHAN W/O BASHU KHAN AGED ABOUT 44 YEARS R/AT DOOR. NO.70 SRINIVAS NAGER, TANY ROAD D.J. HALLI BANGALORE-560071 6. SMT.SAMEENA BANU D/O LATE SHAMEEM BANU AND LATE AJEEM KHAN W/O SHAIK RASHEED AGED ABOUT 35 YEARS R/AT DOOR. NO. 129 SRINIVAS NAGER, TANY ROAD D.J. HALLI, BANGALORE-560 018 7. SMT. ASINA KHANAM D/O LATE SABJAN KHANAM AGED ABOUT 50 YEARS R/AT VAGATA VILLAGE JADIGENAHALLI VILLAGE HOSAKOTE TALUK-562114 8. SMT. SHAHANJ KHANAM D/O LATE SABJAN KHAN PRESENT AGED ABOUT 48 YEARS R/AT ISLAMPUR, NEAR HAL, BANGALORE-560017 9. SMT.RIZWANA KHANAM, D/O LATE SABJAN KHAN PRESENT AGED ABOUT 42 YEARS R/AT KATTIGENAHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK - 562114 - 4 - HC-KAR NC: 2025:KHC:36560 MFA No. 367 of 2025 10. SMT.SAHERE KHANAM D/O LATE SABJAN KHAN, PRESENT AGED ABOUT 40 YEARS, R/AT MEDIMALLASANDRA VILLAGE, ANNUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114 …RESPONDENTS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 04.11.2024 PASSED ON I.A.NO. IN MISC.NO.16/2013 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, HOSAKOTE, DISMISSING THE PETITION FILED UNDER ORDER 9 RULE 13 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants has filed a memo seeking permission to withdraw the appeal with liberty to file appeal before the appropriate forum. 2. Memo is taken on record. 3. Accordingly, the appeal is dismissed as withdraw with liberty as prayed for. 4. The time spent for prosecuting the appeal before this Court is excluded for the purpose of limitation as per Section 14 of the Limitation Act, 1963. - 5 - HC-KAR NC: 2025:KHC:36560 MFA No. 367 of 2025 5. Registry is directed to return all the original copies to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 22