IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA REGULAR SECOND APPEAL No.272 OF 2009 BETWEEN:
SRI ABBAS BEARY, SINCE DECEASED BY LRs:
1. SMT.BEEPATHUMMA, AGED ABOUT 60 YEARS, W/O LATE ABBAS BEARY.
2. ISMAIL, AGED ABOUT 40 YEARS, S/O ABBAS BEARY.
3. SMT.ATHIKA, AGED ABOUT 39 YEARS, D/O ABBAS BEARY, W/O HASSAINAR.
4. MAJEED, AGED ABOUT 38 YEARS, S/O LATE ABBAS BEARY.
NOS.1 TO 4 ARE RESIDENTS OF BALLIDADDA HOUSE OF THANNIRUPANTHA VILLAGE, KALLERI POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT.
...APPELLANTS (By Sri A.SANATH KUMAR, ADVOCATE FOR KEDILAYA ASSOCIATES FOR A1 TO A4) AND:
1. B SULAIMAN BEARY S/O UMMARU BEARY MUSLIM, MAJOR R/O BALLIDADDA HOUSE OF THANNIRUPANTHA VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT.
2. HAMAD BEARY S/O UMARU BEARY (SINCE DECEASED) BY LRs:
(a) BEEPATHUMMA W/O UMARU BEARY (b) ABDULLA S/O UMARU BEARY (c) ISMAIL S/O UMARU BEARY (d) NABEESA D/O UMARU BEARY (e) SAFIA D/O UMARU BEARY (f) DULAILKA D/O UMARU BEARY (g) DAWOOD S/O UMARU BEARY (h) HUSSAIN S/O UMARU BEARY (i) ABBAS S/O UMARU BEARY (j) MARIAMMA RESPONDENTS (a) to (j) ARE RESIDENTS OF BAITHARU HOUSE OF THANNIRUPANTHA VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT.
3. ATHIJAMMA W/O KUNHIMONU R/O KOLYA JALU HOUSE OF THANNIRUPANTHA VILLAGE AND POST, BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT.
4. AISAMMA W/O ABBUBAKAR R/O KOLYA JALU R/O ALAMA HOUSE OF THANNIRUPANTHA VILLAGE AND POST BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT.
5. AVAMMA W/O PUTHU BEARY R/O GUNDI HOUSE OF THANNIRUPANTHA VILLAGE AND POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRICT.
...RESPONDENTS (By Smt.NEERAJA KARANTH, ADVOCATE FOR Sri.K.SHRIHARI, ADVOCATE FOR R1, R2(b,c,e, g to j) and R3 to R5; R2(a) and R2(d) are served; Notice to R2(f) is held sufficient (vide order dated 12.09.2014) THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 27.09.2008 PASSED IN R.A.NO.12/1996 ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN.), PUTTUR, DAKSHINA KANNADA DISTRICT DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 27.01.1996 PASSED IN O.S.NO. 238 OF 1992 ON THE FILE OF THE MUNSIFF & JMFC, BELTHANAGADY, DAKSHINA KANNADA DISTRICT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Counsel for the appellants files a memo seeking permission to withdraw the appeal. The memo is signed by the appellants No.1 to 4 who are the legal representatives of the original appellant. The said memo is counter signed by the counsel for the appellants.
The same is taken on record. Appeal is dismissed as withdrawn.
Sd/- JUDGE dh