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NC: 2023:KHC:37325
RSA No. 788 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 788 OF 2022 (DEC/INJ)
BETWEEN:
H.S. ZIAULLA
S/O LATE H.K. ABDUL SATTAR
DEAD BY LRS
1. ASHADULLA SHARIFF
S/O LATE H S ZIAULLA
AGED ABOUT 48 YEARS
2. ARSHSDULLA SHARIFF
S/O LATE H S ZIAULLA
AGED ABPIT 38 YEARS
3. ERSHADULA SHARIFF
S/O LATE H S ZIAULLA
AGED ABOUT 35 YEARS
Digitally signed ALL R/AT SENDI BEEDI ROAD
by SHARANYA T
Location: HIGH
SUNNI CHOUK, ARSIDKERE TOWN
COURT OF HASSAN DISTRICT-571313
KARNATAKA ...APPELLANTS
(BY SRI. VEERABHADRA SWAMY H.P., ADVOCATE)
AND:
ABDUL REHAMAN SHARIFF
S/O LATE MOHAMMED DASTAGIR
AGED ABOUT 55 YEARS
R/AT OLD MANDI ROAD
ARSIKERE TOWN, HASSAN DISTRICT-571313
...RESPONDENT
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NC: 2023:KHC:37325
RSA No. 788 of 2022
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 04.03.2021 PASSED IN
R.A.NO.67/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND JMFC, ARASIKERE AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This matter is listed for sixth time for compliance of office objections and this Court on 27.09.2023, observed that the counsel for the appellants is absent and in the ends of justice, two weeks time was granted on payment of cost to comply the office objections and also made it clear that if cost is not paid and office objections are not complied within two weeks, the matter will be dismissed on the next date of hearing. Inspite of the said order, the counsel for the appellants has not made out any efforts to comply the office objections and cost also not paid. Hence, it appears that he is not interested in pursuing the matter diligently. Thus, the appeal is dismissed for non- compliance of office objections and non-payment of cost.
Sd/-
JUDGE SN