IN THE HIGH COURT OF KARNATAKA AT BANGALORE

$-1-$

DATED THIS THE 3^RD DAY OF APRIL 2006

BEFORE

THE HON'BLE MR. JUSTICE H.G. RAMESH

REGULAR SECOND APPEAL No. 1005/2003

BETWEEN:

$\mathbf{1}$ MOHD IBRAHIM @ JANIMIYA MUTAHWALLI S/O RUKNUDDIN, 61 YEARS, OCC: PENSIONER, R/AT NEAR ASHUR KHANA SUNNI. H.NO.4674, BEHIND (FARSH) HAFTH GUMBAD, GULBARGA

...APPELLANT

(BY SRI. S M CHANDRASHEKAR, ADV.)

$AND:$

• $\mathbf{1}$ MD MUMTAZ ALI YUSUFI S/O MD.YUSUFALI MAJOR, OCC: BUSINESS R/O CHAPPA BAZAR CORNER YUSUF MASALI SHOP MAIN ROAD, GULBARGA
• $\mathbf{2}^{\parallel}$ MD HALI MAOSOOD ALI MANIYAR S/O ALHAI YAKOOBALI HASAN MANIYAR MAJOR, OCC: BUSINESS R/AT PINJARD GALLI, HAFT GUMBED GULBARGA
• MD. YUNUS SALIM $\mathbf{3}$ S/O MD. KHAJASAB MAJOR, OCC: HOUSE WORK R/AT PINJARA GALLI HAFTH GUMBED

GULBARGA

$\overline{4}$

$\mathbf{5}$

6

ISMAIL KHAN (BABU) S/O UMER KHAN MAJOR, OCC: BUSINESS R/O PINJARA GALLI HAFTH GUMBED GULBARGA

HAJI AMMER ALI S/O ABDUL NABI BAROODGHAR MAJOR, OCC: BUSINESS R/O MAHABBUS MASJEED FRONT SHOP BANIAN SHOP SUPERMARKET MAIN ROAD GULBARGA

• ARIF HASHAM MANIYAR S/O AMEER ALI HASHAM MANIYAR MAJOR, OCC: BUSINESS R/O BAZAR LINE ROAD HAFTH GUMBED GULBARGA
• $\mathbf{7}$ MAHAMOOD KHAN S/O ABDUL HAMEED KHAN MAJOR, OCC: BUSINESS R/O BAZAR LINE ROAD HAFTH GUMBED, GULBARGA
• 8 ABDUL ALEEM MULLAN S/O ABDUL RASHEED MULAN MAJOR, OCC: BUSINESS R/O SARGTRASHARADI NEAR DARGA ROAD GULBARGA
• $\overline{9}$ ABDUL ZAHOOR AHMED S/O ABDUL SHUKAR MAJOR, OCC: ENGINEER R/O H.NO.8, 8TH CROSS 2ND MAIN, DINNOR ROAD R.T.NAGAR, BANGALORE 32

KHALEEL AHMED $10$ S/O ABDUL BASHEER AHMED MULLAN MAJOR, OCC: BUSINESS R/O HAFTH GUMBED, GULBARGA

$11$ JAWEED S/O ABDUL SALAM MULLAN MAJOR, OCC: FLOUR MILL R/O HAFTH GUMBED GULBARGA.

... RESPONDENTS

(BY SRI. RABDUL REYAZ KHAN, ADV. FOR R-1 TO R-8 & R-11)

З-

THIS RSA IS FILED U/S.100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.7.2003 PASSED IN R.A.NO.134/2001 ON THE FILE OF THE PRL. CIVIL JUDGE DISMISSING THE APPEAL AND (SR.DN.), GULBARGA, CONFIRMING THE JUDGMENT AND DECREE DATED 13.7.2001 PASSED IN O.S.NO.207/1996 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN.), GULBARGA AND ETC.

THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This is a plaintiff's second appeal under Section 100 of the Code of Civil Procedure against the concurrent findings of the two Courts below dismissing

his suit filed for possession of the suit property and for permanent injunction.

$\overline{2}$ . Both the Courts below have concurrently found that the plaintiff is not entitled for the reliefs sought for in the suit.

No substantial question of law arises for $3.$ determination. Hence, the appeal is dismissed.

bb/ck

$Sd/-$ <br>Judge