IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY R.F.A.No.2110 OF 2016 BETWEEN:
1. Sri Buniyad Ali Baig S/o. late Abbas Ali Baig, Aged about 33 years, R/o Vannar Pet Layout, 7th Parallel Road, 5th Cross, Bengaluru – 47, Rep. by his PA Holder, Mr.Mohsin Ali, S/o. Sri Shabbir Ali, Aged about 38 years, Resident of No.7, 5th Cross, Vannarpet Layout, Bengaluru – 47 2. Mr. Mohsin Ali S/o. Sri Shabbir Ali, Aged about 38 years, Resident of No.7, 5th Cross, Vannarpet Layout, Bengaluru - 47 (By Sri P.N.Hegde, Advocate) …Appellants AND:
1. Smt. Shashiya Begum W/o. late Sajjad Ali Baig, Aged about 56 years, R/o. J.C.Nagar, Shimoga – 577 201 2. Naziya Begum D/o. late Sajjad Ali, Aged about 29 years, R/o. Mir Karar Hussain, Bengaluru.
3. Shajiya Begum D/o. late Sajjad Ali, Aged about 30 years, R/o. J.C.Nagar, Shimoga – 577 201.
4. Khader Basha S/o. late Abdul Sattar, Aged about 60 years, R/o Basavanagudi Extension, Adjacent to Mandara School, Shimoga – 577 201.
5. Shathakumar S/o. late B.L.Subbraya Shetty, Aged about 73 years, R/o. Nagajyothi, 2nd Parallel Road, Durgigudi Extension, Shimoga – 01.
6. Hassan Agha S/o. late Sajji Ali Baig, Aged about 24 years, R/o. J.C.Nagar, Marnamibylu Extension, 2nd Cross, Ward No.27, Shimoga – 01 7. Parana Begum W/o. Syed Sadath Ali Baig, Aged about 49 years, R/o. J.C.Nagar, 2nd Cross, Ward No.27, Shimoga – 01.
8. Sujath Ali S/o. Mirja Jaffar Ali, Aged about 46 years, R/o. J.C.Nagar, 2nd Cross, Ward No.27, Shimoga – 01 9. Naushad Ali since dead By his LRs, 9(a) Shaguftha W/o. late Naushad Ali, Aged about 36 years, 9(b) Rizwan W/o. late Naushad Ali, Aged about 17 years, 9(c) Faizan Raza S/o. late Naushad Ali, Aged about 11 years, 9(d) Ruksara D/o. late Naushad Ali, Aged about 15 years, (Respondent Nos.9(b)(c) and (d) are Minors and as such they are Represented by their minor Guardian mother Shaguftha, Respondent No.9(a) and all are residents of No.349,15th Block, Shanimahathma Temple, Wilson Garden, Bengaluru – 560 047.
10. Saurath Ali S/o. Mirza Jaffar Ali, Aged about 43 years, R/o. J.C.Nagar, 2nd Cross, Ward No.27, Shimoga – 01.
11. The Commissioner City Municipality, B.H.Road, Shimoga – 01.
**** …Respondents This Regular First Appeal is filed under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 against the judgment and decree dated:10.12.2014 passed in O.S.No.60/2010 on the file of the II Additional Senior Civil Judge, Shivamogga, holding that the suit filed by the plaintiff is not maintainable, as the same is not filed in accordance with law. The suit is filed for partition and separate possession.
This Regular First Appeal coming on for Orders, this day, the Court made the following:
O R D E R Case called again in the afternoon.
2. Learned counsel for appellant files a memo submitting that, he would not press this appeal and that he would file an appropriate appeal before the appropriate Court.
3. In view of the memo and supporting submissions, the appeal is dismissed as not pressed, reserving liberty to the appellant to question the impugned order before the appropriate authority, in accordance with Law, however within a time of four weeks from today.
Sd/- JUDGE JS/-