1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13 TH DAY OF JANUARY 2015 BEFORE THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA M.S.A.NO.28/2011 BETWEEN: SYED ISHAQ S/O SYED WAHAT AGED ABOUT 70 YEARS R/NEAR KABETTU SCHOOL OF KARKALA TALUK UDUPI DISTRICT-574 104 ... APPELLANT (BY SRI SAMPATH ANAND SHETTY, ADV.) AND: 1. SHEIK IBRAHAIM SAHEB S/O MOHAMMAD SAHEB AGED ABOUT 61 YEARS CULTIVATOR R/AT NOOR MOHALLA KOTEBAGILU PRANTHYA AT NOOR MOHALLA KOTEBAGILU, PRANTHYA VILLAGE POST MOODUBIDRI 2. SYED USUF S/O SYED WAHAB MAJOR IN AGE UMAR MANZIL GOWRIKERE POST: MOODABIDRI 3. SMT. SAFIYA BEGUM W/O LATE SYED MOHAMMAD JAFAR AGED ABOUT 58 YEARS 2 4. AFZAR S/O LATE SYED MOHAMMAD JAFAR AGED ABOUT 38 YEARS 5. MUBINA D/O LATE SYED MOHAMMAD JAFAR AGED ABOUT 33 YEARS 6. AKMAL S/O LATE SYED MOHAMMAD JAFAR AGED ABOUT 31 YEARS 7. SANAA D/O LATE SYED MOHAMMAD JAFAR AGED ABOUT 25 YEARS RESPONDENTS 1 TO 7 ARE R/NEAR SURALPADY MOSQUE POST: KINNIKAMBLA MANGALORE TALUK D.K. DISTRICT 8. SYED AKRAM S/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 37 YEARS 9. SYED AHMAD S/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 50 YEARS 10. SYED MAZHAR S/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 42 YEARS 11. RAKSHANDA BANU D/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 40 YEARS 3 12. FARIDA BANU D/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 34 YEARS 13. SABIRA D/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 40 YEARS 14. ZAHURA D/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 53 YEARS 15. ZAHIDA D/O LATE JAMEELA BI AND LATE SYED ABDUL KHADER AGED ABOUT 53 YEARS RESPONDENTS 8 TO 15 ARE R/AT SYED MANSION KOTEBAGILU, PRANTHYA VILLAGE MOODUBIDRI POST MANGALORE TALUK D.K.DISTRICT – 575 001. 16. MRS ZAHURA BANU W/O ABDUL MATTALI MAJOR IN AGE DAWOOD MANZIL NEAR CORPORATION BANK FOUNDERS RANCH UDUPI-576 101 17. SYED AHAMAD S/O SYED ABDUL KHADER MAJOR IN AGE AXAD WATCH WORKS MAIN ROAD MARPADY VILLAGE POST: MOODABIDRI 4 18. MRS ZAHIDA BANU W/O SYED ATAULLA MAJOR IN AGE GULSHAN MANZIL BAPPAI THOTTI UPPALA OF KASARGODU DISTRICT KERALA STATE 19. FARIDA BANU W/O MOHAMMAD HUSSAIN MAJOR IN AGE BELUVAI VILLAGE AND POST KARKALA TALUK UDUPI DISTRICT 20. RAKSHINDA BANU W/O LIAKATH AHMAD MAJOR IN AGE MALEBETTU HOUSE BELAVAI VILLAGE AND POST KARKALA POST UDUPI DISTRICT 21. SYED MAZHAR MAJOR IN AGE 22. SABIRA MAJOR IN AGE 23. SYED AKRAM MAJOR IN AGE RESPONDENTS 21 TO 23 ARE R/AT DARKHAST KOTEGAGILU POST MOODABIDRI – 575 001 24. RAJU MADIVALA S/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 55 YEARS 5 25. JAYA MADIVALA S/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 53 YEARS 26. NARAYANA MADIVALA S/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 51 YEARS 27. CHENNAYYA MADIVALA S/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 59 YEARS 28. VARIJA MADIVALTHI D/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 47 YEARS 29. VANAJA MADIVALTHI D/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 45 YEARS 30. VITTAL MADIVALA S/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 43 YEARS 31. NALINI MADIVALTHI D/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 41 YEARS 32. DHANALAXMI MADIVALTHI D/O LATE AMMAKKA HENGSU AND VEERAYYA MADIVALA AGED ABOUT 39 YEARS RESPONDENTS 24 TO 32 ARE R/AT KODANGALLU PRANTHYA VILLAGE 6 POST:MOODABIDRI MANGALORE TALUK D.K.DISTRICT – 575 001. ... RESPONDENTS (BY SRI K CHANDRANATH ARIGA, ADV. FOR R-8 TO R-13 & R-15 & R-16 SRI PRAKASHA HEGDE.K., ADV. FOR R-1 SRI SHIVKUMAR DESHMUKH, ADV. FOR R-2 TO R-7 R-14, 17 AND 21 NOTICE HELD SUFFICIENT R-24 ABATED, R-18 TO 20, 22, 23, 25 TO 32 ARE SERVED) THIS MSA FILED U/SEC.104 R/W O-XLIII, RULE-1(u) OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.09.2010 PASSED IN R.A.NO.397/2005 ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, (AD-HOC), PRESIDING OFFICER, FAST TRACK COURT, KARKALA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.03.2001 PASSED IN O.S.51/1987 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN), KARKALA, THE MATTER IS REMITTED BACK TO THE TRIAL COURT TO DISPOSE OF THE CASE IN ACCORDANCE WITH LAW. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: J U D G M E N T Learned counsel for the appellant has filed a memo with a request to dismiss the appeal as withdrawn. 2. Memo is taken on record. The appeal is dismissed as withdrawn. Sd/- JUDGE nas. .