- 1 - HC-KAR NC: 2026:KHC:1193-DB RFA No. 508 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH 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.508 OF 2023 (DEC/PAR) BETWEEN: 1. SMT.HASEENA BEGUM AGED ABOUT 54 YEARS, W/O LATE MIR MOHAMMED SALEH @ SYED IQBAL, 2. SYED AEJAZ W/O LATE MIR MOHAMMED SALEH @ SYED IQBAL, AGED ABOUT 33 YEARS, BOTH ARE R/AT DOOR NO.317, NEAR GOVERNMENT URDU SCHOOL, (HULIMGUDA) NOW HULIMANGULA POST, SHIKARIPALYA, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DIST. 562 100. …APPELLANTS (BY SRI. SYED ZULFIKHAR AHMED KHURESHI, ADVOCATE) AND: SYED IBRAHIM @ MOULANA (LATE) S/O LATE SYED GHOUSE, (SINCE DECEASED BY LR'S) Digitally signed by BANGALORE ANJANAPPA KRISHNA KUMAR Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1193-DB RFA No. 508 of 2023 1. FAHMIDUNNISA, W/O LATE G. SYED IBRAHIM MOULANA AGED ABOUT 78 YEARS, 2. KALEEM PASHA S/O G. SYED IBRAHIM MOULANA AGED ABOUT 45 YEARS, 3. KHALEEL PASHA S/O G. SYED IBRAHIM MOULANA AGED ABOUT 78 YEARS, ALL ARE R/AT NO.598/11, 13TH CROSS, DEVARAJ URS NAGAR, BANGALORE 560 026. 4. SYED SULTAN MAHMOOD @ FAIROZ AGED ABOUT 78 YEARS, S/O LATE SYED GHOUSE, NO.2, RANGAPPA LANE, OPP. FLOWER DECORE SUSHILA MAIN ROAD, DODDAMAVALLI, BANGALORE 560 004. 5. DR. YASEEN SHARIFF S/O LATE HAJI NABI SHARIFF, AGED ABOUT 63 YEARS, NO.19.4, SHARIFIA HOTEL, NAWAB HYDERALI KHAN ROAD, CITY MARKET SQUARE, BANGALORE 560 002, NOW AT NO. 09, ELEGANT SPRINGDALE APARTMENTS, NO.14, KEMP ROAD, NEAR COLES PARK, - 3 - HC-KAR NC: 2026:KHC:1193-DB RFA No. 508 of 2023 FRAZER TOWN, BENGALURU 560 005. 6. SYED ZAIULLA S/O LATE SHAFIULLA, AGED ABOUT 62 YEARS, NO.103, SYED MANZIL, POOVANNA BLOCK, MANORAYANAPALYA, BANGALORE 560 032. 7. SYED INAYATHULLA S/O LATE SYED SHAFIULLA, AGED ABOUT 58 YEARS, NO.53, M S BUILDING, 19TH CROSS, 21ST MAIN, M C ROAD, VIJAYANAGAR, BANGALORE 560 040. 8. SYED SUJAUALLA S/O LATE SYED SHAFIULLA, AGED ABOUT 47 YEARS, NO.53, 7TH MAIN, SUBANNA GARDEN, VIJAYANAGAR, BANGALORE 560 040. 9. SYED ZULIKAR S/O LATE SYED SHAFIULLA, AGED ABOUT 55 YEARS, NO.53, 7TH MAIN, 6TH CROSS, SUBANNA GARDEN, VIJAYANAGAR, BANGALORE 560 040. 10. FATHIMUNNISA @ SABEENA D/O LATE SYED SHAIULLA, - 4 - HC-KAR NC: 2026:KHC:1193-DB RFA No. 508 of 2023 AGED ABOUT 55 YEARS, NO.55/1, MUDALAPALYA STREET, SUSHEELA ROAD CROSS, DODDAMAVALLI, BANGALORE SOUTH, BANGALORE 4. 11. SHAHEEN TAJ D/O LATE SYED SHAIULLA, AGED ABOUT 52 YEARS, DOOR NO.71, 4TH MAIN, 34TH CROSS, HARABHNAGAR, BANASHANKARI II STAGE, BANGALORE 560 070. …RESPONDENTS (BY SRI. S. B. TOTAD, ADV. FOR C/R4; R5, R6, PROPOSED R13 & PROPOSED R15 ARE SERVED; SRI. SANDESH T.B., ADV. FOR R8) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 09.01.2022 PASSED IN OS No.4771/2004 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, bengaluru (CCCH NO.2), DISMISSING THE SUIT FOR DECLARATION AND 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 - 5 - HC-KAR NC: 2026:KHC:1193-DB RFA No. 508 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel appearing for the appellants seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "Appellants humbly submits that on the intervention of elders of the family members, the matter has been settled out of court and hence, they may be permitted to withdraw the above Appeal. Wherefore, it is humbly prayed that the above appeal may be dismissed as withdrawn, in the ends of justice and equity." 2. In view of the memo, appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK, List No.: 1 Sl No.: 31