Smt Shakeena @ Shakeela vs Smt Ashabi on 4 February, 2022

[Cites 1, Cited by 0]

Karnataka High Court

Smt Shakeena @ Shakeela vs Smt Ashabi on 4 February, 2022

                        1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 4TH DAY OF FEBRUARY, 2022

                     BEFORE

       THE HON'BLE MR. JUSTICE M.I.ARUN

           RFA. NO.2235 OF 2007(RES)
                      C/W
           MFA.NO.15289 OF 2007(ISA)
BETWEEN:
1.   SMT. SHAKEENA @ SHAKEELA
     W/O. SRI. KHADAR BASHA,
     AGE MAJOR, RESIDING AT NO.232,
     BYRAPPA BLOCK, 2ND BLOCK,
     THYAGARAJANAGAR,
     BENGALURU-560 028.
SINCE DEAD BY HIS LRS
1(a). SRI. KHADAR BASHA
      S/O. LATE HUSSAIN SAB
      AGED ABOUT 75 YEARS,

1(b) SMT. CHAND BI,
     D/O KHADAR BASHA,
     W/O. MUSTAN
     AGED ABOUT 45 YEARS,

1(c) SMT. AYEESHKA BI @ ASHA BEE
     D/O. KHADAR BASHA
     W/O. NOOR BASHA,
     AGED 35 YEARS.

     ALL ARE R/AT NO.232,
     BYRAPPA BLOCK, 4TH MAIN,
     2ND BLOCK, THYAGARAJANAGAR
     BENGALURU-560 028.
                                      ... APPELLANTS
                                         (COMMON)
(BY SRI. N.R. NAIK AND
   SRI. M. PRAKASH & ASSOCIATES, ADVOCATE)
                           2


AND:

1.     SMT. ASHABI,
       W/O. SRI. RAJACK SAB,
       AGE MAJOR,
       RESIDING AT NO.232,
       4TH MAIN, 2ND BLOCK,
       BYRAPPA BLOCK,
       THYAGARAJANAGAR,
       BENGALURU-560 028.

SINCE DEAD BY HIS LRS

1(a). SRI. RAJACK SAB,
      AGED ABOUT 70 YEARS,

1(b). SMT. JAIBUN
      W/O. SATTOR SAB,
      D/O. RAJACK SAB,
      AGE ABOUT 45 YEARS,

1(c) SMT. SAIDABI,
     W/O. VINATULA,
     D/O. RAJACK SAB,
     AGED 43 YEARS,

1(d) SRI. BABU,
     S/O. RAJACK SAB,
     AGE 40 YEARS,

1(e) MUSTAF S/O RAJACK SAB
     AGE 37 YEARS,

       R1(A) TO (E) ARE R/AT NO.232,
       BYRAPPA BLOCK, 2ND BLOCK,
       THYAGARAJANAGAR,
       BENGALURU-560 028.
                                  ... RESPONDENTS
                                         (COMMON)
(BY SRI.B.S.JEEVAN KUMAR FOR R-1(A-E);
    SRI. J.P. UDGATA AND
    SRI. K. NARASIMHA FOR C/R1;
    SRI. K.M. CHINNAMMA FOR R2)
                            3


     RFA No.2235/2007 FILED UNDER SECTION 96
OF CPC AGAINST THE JUDGEMENT AND DECREE
DATED 21.08.2007 PASSED IN O.S.NO.2435/2004
ON THE FILE OF THE VI ADDITIONAL CITY CIVIL
JUDGE, BENGALURU CITY, DECREEING THE SUIT
FOR SUCCESSION CERTIFICATE.

     MFA NO.15289/2007 FILED UNDER SECTION
384 OF INDIAN SUCCESSION ACT, AGASINT THE
ORDER DATED 21.08.2007 PASSED IN P &
SC.NO.108/2003 ON THE FILE OF VI ADDITIONAL
CITY CIVIL JUDGE, BENGALURU CITY, CCH-11,
ALLOWING THE PETITION FILED UNDER SECTION
383 OF THE INDIAN SUCCSSSION ACT, FOR
REVOCATION OF THE PROBATE GRANTED IN
FAVOUR OF THE RESPONDENT THEREIN IN P &
S.C.NO.93/2001.

    THESE APPEALS COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCING THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                 JUDGMENT

Learned counsel for the appellants has filed a memo dated 17.11.2021 seeking leave of this Court to withdraw the appeals.

Memo is placed on record. Accordingly, the appeals are dismissed as withdrawn.

Office to verify and refund the court fee if the appellant is so entitled in the light of withdrawing of the appeal.

Sd/-

JUDGE AG

Legal Document View

Unlock Advanced Research with PRISMAI

Karnataka High Court

Smt Shakeena @ Shakeela vs Smt Ashabi on 4 February, 2022