IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No.2242 OF 2016 Between:
Isub Ahamed S/o. Late Hammad Beary Aged about 58 years R/o near Masjid, Nitte Village Post Nitte, Karkala Taluk Udupi District-574104 ... Appellant (By Sri. Jayarama Bhatt. S, Advocate) And:
Moiden Ahamed Since deceased by his LRs 1) Akbar Aged about 48 years 2) Abdulla Aged about 46 years 3) Mariamma @ Mallika Aged about 43 years Respondent Nos.1 to 3 are children of Late Moiden Ahamed And all are residing at Famous Apartment 2nd Floor, Door No.6 Udupi Taluk and District-576101 4. Hasanabba Ahamed Aged about 74 years S/o. Late Hammad Beary Asif Manzil, Darkast House Nitte Village and Post Karkalla Taluk-574104 Udupi District 5. Ummumhi Aged about 78 years W/o Khadri Beary Padeel House, Bada Village Post Yermal – 574 119 Udupi District 6. Fathunhi Begum Aged about 63 years W/o A.Moideen Pakeer Nehrabanu Manzil Nitte Village and Post Karkalla Taluk – 574 104 Udupi District 7. Jameelabi Aged about 66 years W/o late Pokabba Ahmed 8. N. Abudakkar Aged about 48 years S/o Late Pokabba Ahmed 9. Umarabba Aged about 46 years S/o late Pokabba Ahmed 10. Mumtaz Aged about 44 years D/o late Pokabba Ahmed 11. Sakinabanu Aged about 42 years D/o late Pokabba Ahmed 12. Noorjahan Aged about 39 years D/o late Pokabba Ahmed Respondent Nos.7 to 10 are residents of Mumtaz Manzil Nitte Village and Post Karkalla Taluk – 574 104 Udupi District.
... Respondents (By Sri. Prasanna V.R., Advocate for C/R3 and R4) This Regular Second Appeal is filed under Section 100 of CPC., against the judgment and decree dated 26.04.2016 passed in R.A.48/2013 on the file of the Senior Civil Judge and ACJM, Karkala., is dismissing the appeal and confirming the judgment and decree dated 12.02.2008 passed in F.D.P.No.18/2006 on the file of the Principal Civil Judge Jr.Dn., Karkala.
This Regular Second Appeal coming on for Orders, this day, the Court delivered the following:
Judgment The learned counsel for the appellant files a memo seeking withdrawal of the appeal.
The memo is taken on record.
Therefore, the appeal is dismissed as withdrawn.
Sd/- Judge RB