Mohammed Gouse Peer vs Abdul Khuddus on 20 September, 2017

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Karnataka High Court

Mohammed Gouse Peer vs Abdul Khuddus on 20 September, 2017

Bench: B.Sreenivase Gowda

      THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 20TH DAY OF SEPTEMBER, 2017

                            BEFORE

      THE HON'BLE MR.JUSTICE B.SREENIVASE GOWDA

                     R.F.A.No.2188/2010
Between:
Mohammed Gouse Peer
Since dead by L.Rs.,

A1(a) Aqilajan,
      W/o Late Mohammed Gouse Peer,
      Aged about 54 years,

A1(b) Mohammed Shafiulla,
      S/o Late Mohammed Gouse Peer,
      Aged about 32 years,

A1(c) Asmabanu,
      D/o Late Mohammed Gouse Peer,
      Aged about 30 years,

A1(d) Mohammed Rafiulla,
      S/o Late Mohammed Gouse Peer,
      Aged about 27 years,

A1(e) Mehaboob Bee,
      D/o Late Mohammed Gouse Peer,
      Aged about 23 years,

     All are R/o D.No.14,
     Galihalli village,
     Channagiri Taluk,
     Davanagere District.                 ..... Appellants

(By Sri R.Gopal and Chidambara G.S., Advocates)
                                   2




And:

1.     Abdul Khuddus,
       S/o Late Mohammed Dastagir Sab,
       Aged about 49 years,

2.     Smt.Buden Bi
       Since dead represented by
       appellant and respondent Nos.1, 3 to 8
       as L.Rs. Amended as per Court order
       dated 29.01.2015.

3.     Smt.Tahira Jan,
       W/o Mohammed Abid Sab,
       Aged:major,
       D/o Late Dastagir Sab,
       R/o Karl Marx Nagara,
       Bethur Road,
       Davanagere - 577 001.

4.     Smt.Maqbool Jan,
       W/o Mohammed Khaleel,
       D/o Late Dastagir Sab,
       Aged about 61 years,
       R/o Tippunagara,
       Shimoga-577 201.

5.     Smt.Fathima Bi,
       W/o Munir Ahmed,
       D/o Late Dastagir Sab,
       Aged about 59 years,
       R/o Madara Palya,
       Shimoga-577 201.

6.     Smt.Haziran Bi,
       W/o Khitab Jan,
       D/o Late Dastagir Sab,
       Aged about 44 years,
       R/o Ahmed Nagar,
                                   3




     4th cross,
     Davanagere - 577 001.

7.   Smt.Sahira Banu,
     W/o Azeez Khan,
     D/o Late Dastagir Sab,
     Aged about 39 years,
     R/o Kerebilachi village,
     Channagiri Taluk,
     Davanagere District - 577 213.

8.   Smt.Parry Jan,
     W/o Late Abdul Munaf,
     D/o Late Dastagir Sab,
     Aged about 59 years,
     R/o Karl Marx Nagara,
     Bethur Road,
     Davanagere - 577 001.                            ...Respondents


      This RFA is filed under Section 96 of CPC against the
judgment and decree dated 05.08.2010 passed in O.S.No.26/2009
on the file of the I-Addl.Senior Civil Judge, Davanagere, decreeing
the suit for the partition and separate possession.

      This RFA coming on for Order this day, the Court delivered
the following:


                            JUDGMENT

A memo signed by the appellant-A1 (b) and learned counsel for the appellants, is filed praying to dispose of the above appeal as the dispute is settled between the parties by entering compromise in FDP No.1/2011 on the file of the Senior Civil Judge and JMFC., Channagiri.

The memo is taken on record.

Accordingly, the appeal stands dismissed as the dispute is settled between the parties by entering compromise in FDP No.1/2011 before the Senior Civil Judge and JMFC., Channagiri.

SD/-

JUDGE MR

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