IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD R.F.A. NO.1705 OF 2017 (DEC/POS) BETWEEN :
SRI.C.S.IIYAZ PASHA S/O LATE ABDUL SATTAR, AGED ABOUT 50 YEARS, R/O BOMBU BAZAR ROAD, CHINTAMANI, CHIKKAALLAPURA DISTRICT-562101. (BY SRI PRASANNA V. R., ADVOCATE) AND :
1. ABDUL WASHEED S/O LATE ABDUL RAZAK, AGED ABOUT 63 YEARS.
SMT ZUBEDA SINCE DECEASED BY HIS LRS.
2. SRI.FAKRUDDIN SAB, S/O LATE ZUBEDABI, AGED ABOUT 80 YEARS.
3. SRI NAYAZ PASHA S/O LATE ZUBEDABI AGED ABOUT 60 YEARS.
... APPELLANT RESPONDENTS NO.1 TO 3 ARE R/O BAMBOO BAZAR ROAD EAST, CHINTAMANI, CHIKKABALLAPURA DISTRICT-562101.
ABDUL RASHEED SINCE DECEASED BY HIS LRS.
4. SMT.HASEENA TAJ, S/O LATE ABDUL RASHEED, AGED ABOUT 70 YEARS.
5. SRI ANSARPASHA S/O LATE ABDUL RASHEED, AGED ABOUT 48 YEARS.
6. KUM NOORI D/O LATE ABDUL RASHEED, AGED ABOUT 46 YEARS.
7. SRI AGSAR PASHA S/O LATE ABDUL RASHEED, AGED ABOUT 44 YEARS.
RESPONDENTS NO.4 TO 7 ARE R/O BAMBOO BAZAR ROAD EAST, CHINTAMANI, CHIKKABALLAPURA DISTRICT-562101.
8. SMT. GOWRAMMA W/O. CHENGALARAYAPPA, AGED ABOUT 55 YEARS.
9. SMT VENKATASUBBAMMA W/O THIMMAIAH, AGED ABOUT 70 YEARS.
10. PAMBUR SEENA S/O PAMBUR VENKATAIAH, AGED ABOUT 47 YEARS.
11. PAMBUR KITTA S/O PAMBUR VENKATAIAH AGED ABOUT 50 YEARS.
12. VENKATESHA S/O BALARANGAIAH, AGED ABOUT 47 YEARS.
13. ABBODU S/O RESAPPA, AGED ABOUT 50 YEARS.
14. SANJEEVAMMA S/O SANJEEVAPPA AGED ABOUT 50 YEARS.
15. MYSORE RAJU S/O MUNIYAPPA AGED ABOUT 50 YEARS.
16. SHIVA S/O RAMAPPA, AGED ABOUT 50 YEARS.
17. BASHA S/O PYARU SAB, AGED ABOUT 45 YEARS.
18. ANWAR S/O IMMAM SAB, AGED ABOUT 53 YEARS.
19. SYED HUSSAIN S/O SYED ISAQ AGED ABOUT 72 YEARS.
RESPONDENTS NO.8 TO 18 ARE R/O. BAMBOO BAZAAR ROAD EAST, CHIKKABALLAPURA DISTRICT.
20. T. R. MEHARUNNISA AGED ABOUT 80 YEARS RETIRED A.N.M. BAMBOO BAZAAR, CHINTAMANI TOWN-562101.
21. T. R. BAJBUNNISA W/O. AHMED PASHA, AGED ABOUT 70 YEARS, MITTEMARI VILLAGE, BAGEPALLI TALUK-562101.
22. JUBEDABI W/O FAKRUDDIN SAB, AGED ABOUT 72 YEARS R/O BAMBOO BAZAR, CHINTAMANI TOWN-562101.
23. THE CHIEF SECRETARY REP. BY THE SOLICITOR, DEPOT OF LAW AND KARNATAKA PARLIAMENTARY AFFAIRS, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001. CHINTAMANI TOWN - 562101.
24. THE TAHASILDAR TALUK OFFICE, CHINTAMANI TALUK, CHINTAMANI, CHIKKALLAPURA DISTRICT-562101.
... RESPONDENTS (BY SRI M. V. NAVEEN REDDY, ADVOCATE FOR R1;
SRI VASANTH V. FERNANDES, ADVOCATE FOR R-23 AND R-24; R2 TO R8, R18, R20 ARE SERVED BUT UNREPRESENTED;
R22 – DEAD – DELETED AS PER COURT ORDER DATED 01.08.2018 AS R2 AND R3 ARE ALREADY ON RECORD; NOTICE TO R9 TO R17 AND R19 ARE DISPENSED WITH V/O. DATED 01.08.2018;
NOTICE TO R21 IS HELD SUFFICIENT V/O. DATED 11.07.2018) THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN O.S.NO.160/1997 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI, DISMISSING THE SUIT FOR DECLARATION.
THIS R.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellant has filed an application supported by an affidavit of the appellant to state that the appeal may be dismissed as the parties have settled out of Court.
2. The application supported by the affidavit of the appellant is perused.
3. The appeal is dismissed as not pressed on account of out of Court Settlement.
Sd/- JUDGE Sd/- JUDGE hnm