Karnataka High Court
RFA/440/2021 of SMT FAHIMA IRFAN PATEL Vs MR ESWAR PRASAD on 25 August 2026
CNR: KAHC010158472021 NC: 2026:KHC:45916 RFA No. 440 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 440 OF 2021 (EJE) BETWEEN: SMT. FAHIMA IRFAN PATEL W/O MR IRFAN AHMED PATEL AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 440 OF 2021 (EJE)
BETWEEN:
SMT. FAHIMA IRFAN PATEL
W/O MR IRFAN AHMED PATEL
AGED 59 YEARS
R/A CARDIFF CASTLE,
1ST FLOOR, II CROSS,
WHEELERS ROAD,
COX TOWN
BANGALORE - 560 005
AND ALSO CARRYING ON BUSINESS AT
PROPERTY NO.130/2,
OLD NO.86/2
SITUATED AT WHEELER ROAD
COX TOWN, BANGALORE - 560 005
…APPELLANT
(BY SRI. SYED PEER ULLA SHA KHADRI, ADVOCATE)
AND:
MR. ESWAR PRASAD
S/O LATE R NARAYANAPPA
AGED 69 YEARS,
R/AT NO.9, RAMAKRISHNAPPA ROAD,
COX TOWN, BENGALURU - 560 027
…RESPONDENT
(BY SRI. SHANMUKHAPPA, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
26.02.2021 PASSED IN O.S.NO.25433/2019 ON THE FILE OF
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
THE LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
MAYOHALL UNIT, CITY CIVIL COURT BENGALURU, (CCH-75), DECREEING THE SUIT FOR EJECTMENT AND DAMAGES.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
Sri Syed Peer Ullah Sha Khadri, learned counsel appearing for the appellant filed a memo along with the signature of the appellant, who is present before this Court today and submits that the matter has already been settled between the parties and the appellant has already handed over possession of the scheduled property to the respondent, in that view of the matter the appeal has rendered infructuous. Accordingly, sought to dismiss the appeal as rendered infructuous.
2. The memo is taken on record and the appeal is dismissed as having rendered infructuous.
HC-KAR
3. It is further prayed in the memo that the appropriate Court fee paid in the appeal may be refunded.
4. Registry to verify and refund the appropriate Court fee in terms of the provisions of the Karnataka Court Fees and Suits Valuation Act, 1958 as amended, in favour of the appellant on proper identification.
Sd/- (T.M.NADAF) JUDGE
RR List No.: 2 Sl No.: 7