IN THE HIGH COURT OF KARENTAKA MT BANGALORE

DATED THIS THE 28th DAY OF JANUARY, 2008

BEFORE

THE HON'BLE MR. JUSTICE S.ABDUL NAZEER

R.F.A.NO.71 OF 2008

BRITT HERE

MOHAMMAD HASAN SHAIKH ALI SAHEB MIRZANI S/O.ALI SAHEB, AGED ABOUT 52 YEARS, R/O.MIRZANI MANZIL, MUSLIM GALLI, KUMTA-43,U.K.DISTRICT. ... APPELLANT

(By Sri GANAPATHI S SHASTRI, ADV.)

APD:

• 1 ABDUL RAHIMAN SHAIKH ALI SAHEB MIRZANI AGED ABOUT 67 YEARS, R/AT.HABIBA JAMAL MANZIL, P.M.H.ROAD, BHENDI BAZAR, ANKOLA, U.K. DISTRICT.

• 2 MOHAMMAD JAMAL SHAIKH ALI SAHEB MIRZANI AGED ABOUT 74 YEARS, R/AT.8-B/304, DAMODAR PARK, L.B.S.MARG, GHATKOPER(WEST), MUMBAI-86.

• 3 ABDUL KHADIR SHAIKH ALI SAHEB MIRZANI AGED ABOUT 70 YEARS, R/AT.105,HAJIRA,HEMANT NAGAR, P & T COLONY,KESHAVAPUR, HUBLI-23.

• 4 SHAMSUZZAMAN SHAIKH ALI SAHEB MIRZANI AGED ABOUT 58 YEARS, R/AT.AJMIR MANZIL, NEAR RESHMI SCHOOL, KESHWAPUR, HUBLI-23.

• 5 BIBI HASHAMAT ARA W/O O.K. SAYYED AGED ABOUT 61 YEARS, NEAR NEHRU RICE MILL, MUSLIM GALLI, SIRSI-581401.

1

• 6 BIBI AMINA ABBAS AGED ABOUT 60 YEARS, C/O.A.A.MIRZANI, R/O.105, HAJIRA, HEMANT NAGAR, P & T COLONY, KESHAVAFUR, HUBLI-580023.
• 7 BIBI SADIQHA M PATHAN AGED ABOUT 48 YEARS, C/O.M.H.PATHAN, BUNDER ROAD, HONAVAR. ... RESPONDENTS

THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DT.31.5.2005 PASSED IN O.S.NO.54/2002 ON THE FILE OF THE CIVIL JUDGE (SR.DN), HONAVAR, DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

THIS RFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Learned Counsel for the appellant seeks permission of this Court to withdraw the appeal with liberty to re-present the same before the appropriate Court.

2. In the light of the submission of the learned Counsel for the appellant, the appellant is permitted to withdraw the appeal with liberty to re-present the appeal before the appropriate Court.

3. Office is directed to return the appeal memo and all other papers to the learned Counsel for the appellant for its representation before the appropriate Court. Appeal is disposed of accordingly.

Sd/7 Judge

KLY/