IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2021 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN RFA NO.1839 OF 2014 BETWEEN:
Smt. Surya Bhanu Wife of Faiah Ahmed Shariff, Aged about 57 years, Residing at No.60/3(Old No.118) 1st Main, 17th Cross, Guddadahalli Extension, Bapujinagar, Bengaluru.
(By Sri. H.V. Rajaram, Advocate)(Absent) AND:
Sri. Moula Shariff S/o Late Chota Saheb, Major, R/at 1st Cross, Rayapuram, J.J.Nagar (Goripalya) Bengaluru-560 018.
Adil Pasha Son of Chota Saheb, Major, R/at 1st Cross, Rayapuram, J.J. Nagar,(Goripalya) Bengaluru-560 018 (Both the first and second defendant died) Suit against D-1 and D-2 is Dismissed vide order dated 9.2.2009 … Appellant 1. Shafiulla Shariff, S/o of Late Chota Saheb, Major, Residing at 1st Cross, Rayapuram, J.J.Nagar (Goripalya) Bengaluru-560 018.
2. Athaulla Shariff, S/o Late Chota Saheb, Major, Residing at 1st Cross, Rayapuram, J.J. Nagar (Goripalya) Bengaluru-560 018.
3. Zia Ulla Shariff, S/o Late Chota Saheb, Major, Residing at 1st Cross, Rayapuram, J.J. Nagar (Goripalya) Bengaluru-560 018.
4. Kudharathulla Shariff, S/o Late Chota Saheb, Major, Residing at 1st Cross, Rayapuram, J.J. Nagar (Goripalya) Bengaluru-560 018.
5. Hanifulla Shariff, S/o Late Chota Saheb, Major, Residing at 1st Cross, Rayapuram, J.J. Nagar (Goripalya) Bengaluru-560 018 …Respondents This RFA is filed under Section 96 of CPC, against the Judgment and decree dated 13.11.2014 passed in O.S.No.3512/1997 on the file of the XI Additional City Civil Judge, Bengaluru City, partly decreeing the suit for permanent injunction.
This RFA coming on for orders, through Video Conferencing, this day the Court delivered the following:
JUDGMENT None appears for the appellant. However, learned counsel for the appellant has filed a memo dated 24.02.2021 seeking leave of the Court to withdraw the appeal since the matter has been settled out of the Court.
Accordingly, appeal is dismissed as withdrawn.
Registry to verify and refund the Court fee, if the appellant is so entitled in accordance with law.
Sd/- JUDGE ag