IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL No.7983/2016 (CPC) BETWEEN:
Mr. Fazlul Hassan Zahid S/o Late Basheer-ul-Hassan, Aged about 41 years, No.11/1, Davis Road, Bengaluru-560 005. ... Appellant (By Sri Irshad Ahmed. K, Advocate) AND:
1. Mr. Mohammed Azeemulla Aged about 44 years, S/o Late Mohammed Shafiulla, R/at No.46/A, 1st Cross, 1st Main, A.K.Colony, Bengaluru-560 005.
2. Mr. G.S. Mushtaq Ahmed Aged about 61 years, S/o Late G.S.Mohiuddin, R/at No.17/21, Spencer Road Cross, Frazer Town, Bengaluru-560 005.
3. Mr. Ismail Shariff Aged about 62 years, S/o Late Ibrahim Shariff, R/at Flat No.101, 1st Floor, No.71, Robertson Road Cross, Frazer Town, Bengaluru-560 005.
4. Mr. K.L.Srinatha Gupta Aged about 53 years, S/o Late K.L. Narasimhaiah Setty, R/at No.23, 2nd Cross, East Circle Road, V.V.Puram, Bengaluru-560 004.
5. Dr. (Mr.) Mohammed Rahimulla Aged about 36 years, S/o Late Mohammed Shafiulla, R/at No.814/1, A.K.Colony, B.S.A.Road Cross, Bengaluru-560 005.
6. Mr. Nasarulla Aged about 43 years, S/o Mr. Abdul Rahman, R/at No.9/3, Kemp Road, Opp. Coles Park, Frazer Town, Bengaluru-560 005.
7. Mr. Mohammed Baseerulla Aged about 29 years, S/o Late Mohammed Shafiulla, R/at No.814, A.K.Colony, B.S.A.Road Cross, Bengaluru-560 005.
8. Mr. Ajay K.V Aged about 36 years, R/at No.538, 17th Main, Srinivas Nagar, S.B.M. Colony, Bengaluru-560 050.
9. Mr. K.T. Nagabhushanam Aged about 58 years, S/o Mr. K. Thimmappa, R/at No.781/1, 16th Main, 20th ‘B’ Cross, B.S.K. 2nd Stage, Bengaluru-560 070.
10. Mr. Jameel Ahmed.K Aged about 58 years, S/o Mr. K.A. Mohammed Azam, R/at No.81, Moore Road, Frazer Town, Bengaluru-560 005. ... Respondents (By Sri V.B. Shiva Kumar, Advocate for C/R1, R3 to R10) This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) of C.P.C. against the order dated 05.10.2016 passed on I.A.No.2 in O.S.No.3652/2016 on the file of the XVIII Additional City Civil Judge, Bengaluru, dismissing I.A.No.2 filed U/o 39 Rule 1 & 2 of CPC and etc.
This appeal coming on for orders this day, the Court made the following;
J U D G M E N T Learned counsel for the appellant has filed a memo dated 21.03.2019 for dismissal of the appeal as withdrawn.
2. Memo is taken on record.
3. Accordingly, this appeal is dismissed as withdrawn.
Sd/- JUDGE HA/-