Karnataka High Court

RSA/8/2017 of RAHAMUTHULLA KHAN Vs T. MOHAMMAD GHOUSE on 30 September 2026

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CNR: KAHC010203692017 NC: 2026:KHC:54666 RSA No. 8 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR SECOND APPEAL NO. 8 OF 2017 (SP) BETWEEN: RAHAMUTHULLA KHAN S/O LATE MOHIDDEEN KHAN AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

REGULAR SECOND APPEAL NO. 8 OF 2017 (SP)

BETWEEN:

RAHAMUTHULLA KHAN

S/O LATE MOHIDDEEN KHAN

AGED ABOUT 60 YEARS,

R/O VADHI-A-HUDA BADAVANE,

SULEBAILU VILLAGE, NIDIGE HOBLI,

SHIVAMOGGA TLAUK & DISTRICT-577201.

REPRESENTED BY HIS

GENERAL POWER OF ATTORNEY HOLDER

AND SON MOHIDDIN KHAN

S/O RAHAMATHULLA KHAN

AGED ABOUT 30 YEARS.

…APPELLANT

(BY SRI. P N HARISH, ADVOCATE)

AND:

1.

T. MOHAMMAD GHOUSE

S/O SABJAN SAB

AGED ABOUT 53 YEARS

R/O 2ND CROSS,

TANK MOHALLA

SHIVAMOGGA – 577 201.

2.

D. MUNEER

S/O R.D. DASTAGIR,

AGED ABOUT 49 YEARS,

R/O 2ND CROSS, MARNAMI BYLU,

SHIVAMOGGA – 577 201.

3.

H. AYUB KHAN

S/O HANEEF KHAN

AGED ABOUT 48 YEARS,

R/O 6TH CROSS, TIPPUNAGAR,

SHIVAMOGGA – 577 201.

Digitally

signed by

VANDANA S

Location:

High Court

of Karnataka

HC-KAR

K. AYUB

S/O KUDDUS SAB

SINCE DEAD BY HIS LRS

4.

SAJEEDA BANU

W/O LATE K. AYUB

AGED ABOUT 47 YEARS,

5.

BIBI AYESHA

D/O LATE K. AYUB

AGED ABOUT 32 YEARS.

6.

JAFFAR SADIQ

S/O LATE K. AYUB

AGED ABOUT 30 YEARS.

7.

MUBARAK.A

S/O LATE K. AYUB

AGED ABOUT 28 YEARS.

8.

NASEEMA BANU

D/O LATE K. AYUB

AGED ABOUT 26 YEARS

R-4 TO R-8 ARE

RESIDENTS OF 5TH CROSS,

LEFT SIDE, TIPPUNAGARA,

SHIVAMOGGA – 577 201.

…RESPONDENTS

(BY SRI. H.C.SHIVARAMU, ADVOCATE FOR C/R-1

R-3, R-4, R-6, R-7 ARE SERVED)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE

JUDGMENT AND DECREE DATED 02.11.2016 PASSED IN RA NO.222/12

ON THE FILE OF THE III ADDL., DISTRICT JUDGE, SHIVAMOGGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND

DECREE DATED 11.10.2012 PASSED IN OS NO.129/2009 ON THE FILE OF

THE I ADDL. SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, SHIVAMOGGA.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT

WAS DELIVERED THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL JUDGMENT

Learned counsel appearing for the appellant has filed a memo stating that the dispute between the parties is settled out of Court and seeks to dismiss the appeal as settled out of Court.

Memo is placed on record. The present Regular Second Appeal is dismissed as settled out of Court.

Registry is directed to refund the entire (100%) Court fee paid by the appellant in favour of the power of attorney holder / son of the appellant, i.e. Mohiddin Khan, immediately without any delay.

Sd/- (S.R.KRISHNA KUMAR) JUDGE BVV List No.: 1 Sl No.: 4

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