IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04^TH DAY OF OCTOBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE E.S. INDIRESH

REGULAR SECOND APPEAL NO.210 OF 2016

C/W

REGULAR SECOND APPEAL NO.211 OF 2016

In RSA No.210 of 2016

BETWEEN:

Mr. Ibrahim

S/o late B Idinabba

Aged about 46 years

Residing at C/o T Abdulla

8^th Block, Chokkabettu

Katipolla

Mangalore-575 001.

By its GPA Holder Mr. T Abdulla

…Appellant

(by Sri Udaya Prakash Muliya, Advocate)

AND:

1. Mr. Sheik Ahmed

Since deceased by his LRs.

1a. Mrs. Saramma

Aged about 56 years

1b. Ms. Shaina

Aged about 36 years

1c. Mr. Irshad

Aged about 34 years

1d. Ms. Parveen

2

Aged about 33 years

1e. Ms. Shabana

Aged about 32 years

1f. Mr. Imran

Aged about 30 years

1g. Ms. Ashina

Aged about 29 years

1h. Mr.Ifthikar

Aged about 27 years

1i. Mr Washim

Aged about 26 years

Respondents No.1(a) is the widow

And R1(a) to (i) are the children of

Late Sheik Ahmed

All are residing at

No.40, Kriss Flat

Kukkady Post, Surathkal

Krishnapura

Mangaluru.

2. Mrs. Haleemamma

Since deceased by her LRs.

2a. Umarabba

S/o late Abdul Khadri

Adult

2b. Fathimath Zohara

Adult

2c. Zeenath

Adult

2d. Mamthaz

Adult

3

2e. Fouziya

Adult

2f. Rizwan Noorudden

adult

2g. Mohammad Rizwan

Adult

Respondents No. 2(a) is the

Husband and R2(b) to (g) are

Children of Late Haleemamma

All are residing at No.2-163

Karibettu House,

Ulaibettu, Mangaluru Taluk

Dakshina Kannada District.

3. Mrs. Zainaba

D/o late B Iddinabba

Aged about 47 years

Residing at Moon light house

Hejamady Kodi

Hejamady

Udupi-575 001.

4. Mrs. Rukiya

D/o late B Iddinabba

Aged about 45 years

Residing at Shanti Nagar

Kamblabettu

Vittal Mudhnoor Post

Bantwal Taluk-575 001.

5. Mrs. Asiyamma

W/o late B Iddinabba

Aged about 56 years

Residing at Hajee Compound

Ganjimutt Post

Mangalore-575 001.

6. Mr. Hussain

S/o late B Iddinabba

4

Aged about 57 years

Residing at Liberty Garden

D.No.19E/1, Umal Cottage

6^th Block, Katipalla

Mangalore-575 001.

7. Mrs. Beefathumma

Aged about 54 years

D/o late B Iddinabba

Residing at Navarangle-1

I Floor, Shahad Kalyan

Thane Dist.

Mumbai.

8. Mr. Mohammed

S/o late Iddinabba

Aged about 51 years

Residing at Darul Salam

Valachil Compound

Maleangadi

Udupi-576 235.

…Respondents

(by Sri Shakeer Abbas M, Advocate for R1(a) to 1(i)

R2(a) to 2(f), R3 to 5 and R6 to 8)

This Regular Second Appeal is filed under Section 100 of

the Code of Civil Procedure against the judgment and decree

dated 18^th December, 2015 passed in Regular Appeal No.29 of

2014 on the file of the IV Additional District and Sessions

Judge, Dakshina Kannada, Mangaluru, allowing the appeal

and setting aside the judgment and decree dated 11^th March,

2014 passed in Original Suit No.136 of 2012 on the file of the

II Additional

Senior Civil Judge,

Mangaluru, Dakshina

Kannada.

In RSA No.211 of 2016

BETWEEN:

Mr. Ibrahim

S/o late B Idinabba

Aged about 46 years

5

Residing at C/o T Abdulla

8^th Block, Chokkabettu

Katipolla

Mangalore-575 001.

By its GPA Holder Mr. T Abdulla

…Appellant

(by Sri Udaya Prakash Muliya, Advocate)

AND:

1. Mr. Hussain

S/o late B Iddinabba

Aged about 57 years

Residing at Liberty Garden

D.No.19E/1, Umal Cottage

6^th Block, Katipalla

Mangalore-575 001.

2. Mrs. Beefathumma

Aged about 54 years

D/o late B Iddinabba

Residing at Navarangle-1

I Floor, Shahad Kalyan

Thane Dist.

Mumbai.

3. Mr. Mohammed

S/o late Iddinabba

Aged about 51 years

Residing at Darul Salam

Valachil Compound

Maleangadi

Udupi-575 001.

4. Mr. Mr. Sheik Ahmed

Since deceased by his LRs.

4a. Mrs. Saramma

Aged about 56 years

4b. Ms. Shaina

Aged about 36 years

6

4c. Mr. Irshad

Aged about 34 years

4d. Ms. Parveen

Aged ab