- 1 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.219 OF 2023 (PAR) BETWEEN: MR. A TAFAZZUL AHMED S/O LATE MR. S AHMED HUSSAIN, AGED 58 YEARS, R/AT NO.149, NAWAB HYDER ALI KHAN ROAD, KALASIPALYAM, BENGALURU-560002 …APPELLANT (BY SRI RAGHU RAMAN P., ADV. ) AND: 1. MR. M Z HASSAN S/O LATE MR. S AHMED HUSSAIN. SINCE DECEASED BY LRS., MR MOHAMMED ZAKIR, S/O LATE MR M Z HASSAN, AGED 54 YEARS, Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 R/AT NO.5, G2GF, TAWAKKAL HARMONY, 4TH CROSS, HUTCHINA ROAD, BENGALURU-560084 2. MRS RAFIA SULTANA W/O SAJID AHMED, AGED 50 YEARS, R/AT NO.224, G1, SAFWAN RESIDENCY, WHEELER ROAD EXTENSION, BENGALURU-560084 3. MR MOHAMMED ZAHIRUL HUSSAIN S/O LATE MR S AHMED HUSSAIN, SINCE DECEASED BY LRS., ALIA TASLIM BANU, W/O LATE MR MOHAMMED ZAHEERUL HUSSAIN, AGED 65 YEARS, 4. TAHTYA RABAT JAVEED W/O MR SYED JAVEED PASHA, AGED 40 YEARS, 5. AQUIL ALAM S/O LATE MR MOHAMMED ZAHEERUL HUSSAIN, AGED 38 YEARS, - 3 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 6. GILBRAN MOHAMMED S/O LATE MR MOHAMMED ZAHEERULL HUSSAIN, AGED 28 YEARS, RESPONDENTS 3 TO 6 R/AT NO.5451, TELONG, ST.CYPRESS, CA 90630, U.S.A.) RESPONDENT NO.4 R/AT NO.1632, DUNDEE, DR. WHEATON, IL60189, U.S.A 7. MR MUKHATAR HASSAN S/O LATE MR S AHMED HUSSAIN, SINCE DECEASED BY LRS MR ZAMEER AHMED S/O LATE MR MUKHTAR HASSAN, AGED 41 YEARS, 8. MRS KANEEZ FATHIMA W/O MR SUHAIL MOHIUDDIN, AGED 39 YEARS, 9. MRS HAFEEZA FATHIMA W/O MR MUSTAQ AHMED MIR, AGED 37 YEARS, - 4 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 10. MRS RAFIYA FATHIMA D/O LATE MR MUKHTAR HASSAN, AGED 35 YEARS, 11. MR IRSHAD AHMED S/O LATE MR MUKHTAR HASSAN, AGED 34 YEARS, 12. MRS GHOUSIA BANU W/O MR ZEESHAN ALI, AGED 29 YEARS, RESPONDENTS 7 TO 12, C/O NO.94, 17TH CROSS, 33RD MAIN, 6TH PHASE, J P NAGAR, BENGALURU-560078 13. MR MOHAMMED ARIFUR RAHMAN S/O LATE MR ABDUL SUBHAN, SINCE DECEASED BY LRS., MRS REHANA FATHIMA, W/O LATE MR MOHAMMED ARIFUR RAHMAN, AGED 54 YEARS, - 5 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 14. MRS RUDINA RAHMAN D/O LATE MR MOHAMMED ARIFUR RAHMAN, AGED 30 YEARS, 15. MRS ZAINA RAHMAN D/O LATE MR MOHAMMED ARIFUR RAHMAN, AGED 28 YEARS, 16. MISS REDA RAHMAN D/O LATE MR MOHAMMED ARIFUR RAHMAN, AGED 20 YEARS, RESPONDENTS 13 TO 16 C/O NO.11, SAKAMMA LAYOUT, OFF HENNUR ROAD, LINGARAJPURAM, BENGALURU-560084 17. MRS UZRA FATHIMA W/O MR SYED SAJJAD AHMED, AGED 49 YEARS, R/AT NO.6, KENCHAPPA ROAD CROSS, FRAZER TOWN, BENGALURU-560005 18. MRS AZEEZA FATHIMA W/O MR SYED ALTAF PASHA, - 6 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 AGED 47 YEARS, R/AT DOOR NO.3198, 2ND MAIN, 1ST STAGE, RAJIVNAGAR, MYSORE-570019 19. MR ADIL SHAH S/O LATE MR ABDUL SUBBAN, AGED ABOUT 45 YEARS, R/AT NO.6, KENCHAPPA ROAD CROSS, FRAZER TOWN, BENGALURU-560005 20. MRS NUSRA FATHIMA W/O MR G MUSTAFA KHAN, AGED 42 YEARS, R/AT 52, GOSPEL STREET, 5TH CROSS, LINARAJAPURAM, BENGALURU-560084 21. MR MOHAMMED KHALID S/O LATE MR ABDUL SUBHAN, AGED 40 YEARS, R/AT NO.6, - 7 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 KENCHAPPA ROAD CROSS, FRAZER TOWN, BENGALURU-560005 22. MRS NAZHAT YASMEEN FATHIMA W/O MR ABDUL KHADER, AGED 38 YEARS, R/AT NO.27, E NO. 4TH STREET, BROADWAY ROAD CROSS, BENGALURU-560051 23. MRS IFFATH FARHEEN FATHIMA W/O MR NAWAZ AHMED, AGED 36 YEARS, R/AT MUSLIM BLOCK, KANAKAPURA-562117 24. MR MOHAMMED SHAHID S/O LATE MR ABDUL SUBHAN, AGED 35 YEARS, R/AT NO.6, KENCHAPPA ROAD CROSS, FRAZER TOWN, BENGALURU-560005 25. MRS UZMA TAZEEN W/O MR SAMIULLA KHAN, AGED 33 YEARS, R/AT NO.60/1, SAFFAH, 5TH CROSS, GOSPEL STREET, LINGARAJPURAM, BENGALURU-560084 26. MR HABIB KHAN S/O MR GHOUSE KHAN, AGED 56 YEARS, - 8 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 R/AT NO.149, NAWAB HYDER ALI KHAN ROAD, KALASIPALYAM, BENGALURU-560002 27. MR SYED SHAHABUDIN S/O LATE MR SYED YAYUB, AGED 54 YEARS, R/AT NO.149, NAWAB HYDER ALI KHAN ROAD, KALASIPALYAM, BENGALURU-560002 28. SHAIK SHAFI S/O MR SHAIK SABU, AGED 52 YEARS, R/AT NO.149, NAWAB HYDER ALI KHAN ROAD, KALASIPALYAM, BENGALURU-560002 …RESPONDENTS (BY SRI./SMT. MEHTER M AZZAM FOR R1; R2, R3, R10, R11, R13 TO R16, R18, R22, R23 & R27 ARE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2022 PASSED IN OS No.26832/2010 ON THE FILE OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU CITY (CCH-58), DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 9 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "The Legal Representatives of the Appellant submit as follow: 1. The above suit was one for Partition in which the Respondents claimed 8/10 but the Appellant/Defendant sought for his 2/9 share as per the Shariath and the Court below has granted what share he sought. The Legal Representatives of the Appellant have sought legal advise and submit that the Appellant, their father, was a stubbon person and was a victim of wrong opinion, and was ill advised just to file the above appeal which will ultimately be dismissed but in the meanwhile they will have bear to suffer much expenses and effort. Hence the Legal Representatives have decided to withdraw the above appeal unconditionally." - 10 - HC-KAR NC: 2026:KHC:2412-DB RFA No. 219 of 2023 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 4 Sl No.: 10