Karnataka High Court
Mohammed Shafeeq S/O Sofilal Bangi And ... vs Rafiq Ahmed S/O Azam Hussaini Peerzade ... on 30 July, 2024
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NC: 2024:KHC-K:5628
RSA No. 200052 of 2015
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
REGULAR SECOND APPEAL NO. 200052 OF 2015 (PAR)
BETWEEN:
1. MOHAMMED SHAFEEQ S/O SOFILAL BANGI
AGE: 51 YEARS, OCC : BUSINESS,
R/O : NEAR JUMMA MASJID,
BIJAPUR-586101.
2. ZAKIR HUSSAIN S/O SOFILAL BANGI
AGE : 47 YEARS, OCC : BUSINESS,
R/O : NEAR JUMMA MASJID,
BIJAPUR-586101.
3. MEHAMOODABEGUM W/O JAHANGIRSAB MULLA
AGE :57 YEARS, OCC : HOUSEHOLD OWRK,
R/O: GYANI PLOT, NEAR HASHIMPEER DARGA,
Digitally signed
by RENUKA BIJAPUR-586101.
Location: HIGH
COURT OF 4. WAHIDABEGUM W/O MAINUDDIN PUNEKAR
KARNATAKA AGE 55 YEARS, OCC : HOUSEHOLD OWRK,
R/O: JAMAKHANE GALLI, NEAR DASTGIRSAB TELI
HOUSE, BIJAPUR-586101.
...APPELLANTS
(APPELLANTS ARE SERVED THROUGH COURT NOTICE)
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NC: 2024:KHC-K:5628
RSA No. 200052 of 2015
AND:
1. RAFIQ AHMED
S/O AZAM HUSSAINI PEERZADE @ BANGI,
AGE 63 YEARS, OCC : BUSINESS & AGRICULTURE,
R/O: RAFIQ MANZIL, J.M.ROAD,
BIJAPUR-586101.
2. HAMEEDABEGUM
W/O RAFIQ AHMED PEERZADE @ BANGI,
AGE 60 YEARS, OCC : HOUSEHOLE WORK &
AGRICULTURE,
R/O : C/O: R A PEERZADE @ BANGI,
RAFIQ MANZIL, J.M.ROAD,
BIJAPUR-586101.
3. ABDUL LATIF S/O AMINRUDDIN BANGI
AGE 69 YEARS, OCC : AGRICULTURE,
NEAR JUMMA MASJID,
BIJAPUR-586101.
4. ABDUL NAZEER S/O AMINRUDDIN BANGI
AGE :67 YEARS, OCC : AGRICULTURE,
NEAR JUMMA MASJID,
BIJAPUR-586101.
5. MOHAMMAD HANIF S/O MOHAMMAD YUSUF BANGI
AGE 54 YEARS, OCC : AGRICULTURE,
NEAR JUMMA MASJID,
BIJAPUR-586101.
6. NAZMEEN W/O LATE ALTAF HUSSAIN BANGI
AGE 37 YEARS, OCC : TEACHER,
R/O : NAWAB MASJID, BADIKAMAN ROAD,
BIJAPUR-586101.
7. SIMEEN D/O LATE ALTAF HUSSAIN BANGI
AGE: 17 YEARS, OCC : STUDENT.
8. KASHIF S/O LATE ALTAF HUSSAIN BANGI
AGE 15 YEARS, OCC : STUDENT.
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NC: 2024:KHC-K:5628
RSA No. 200052 of 2015
9. AIRAAF S/O LATE ALTAF HUSSAIN BANGI
AGE 13 YEARS, OCC : STUDENT
10. ABDUL HUSSAIN S/O LATE ALTAF HUSSAIN BANGI
AGE 12 YEARS, OCC : STUDENT
RESPONDENTS 7 TO 10 BEING MINORS ARE,
REPRESENTED BY THEIR NATURAL MOTHER,
RESPONDENT NO.6 HEREIN AS THEIR GUARDIAN.
11. PASHA HUSSAINI S/O SOFILAL BANGI
AGE: 59 YEARS, OCC : BUSINESS,
NEAR JUMMA MASJID, BIJAPUR-586101.
12. HAMMEDABEGUM W/O LIYAKAT INAMADAR
AGE :55 YEARS, OCC : HOUSHOLD WORK
R/O. NEAR JUMMA MASJID,
BIJAPUR-586101.
...RESPONDENTS
(R1 TO R3, R5 ARE SERVED;
VIDE ORDER DATED 23.03.2021 NOTICE TO R4 IS
HELD SUFFICIENT;
VIDE ORDER DATED 15.06.2021 APPEAL AGAINST R11
IS ABATED;
R7 TO R10 ARE MINOR REP. BY R6)
THIS RSA IS FILED U/S 100 OF CPC R/W ORDER 41 RULE
1 OF CPC, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE IMPUGNED JUDGMENT AND DECREE DATED 15.07.2014
PASSED BY THE II ADDITIONAL DISTRICT JUDGE, BIJAPUR,
DISMISSING R.A.NO.53/2011 AND CONFIRMING THE
JUDGMENT AND DECREE DATED 18.12.2010, PASSED BY THE
III ADDITIONAL CIVIL JUDGE (SR DIV) AND JMFC BIJAPUR, IN
O.S.NO.4/2008.
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NC: 2024:KHC-K:5628
RSA No. 200052 of 2015
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Court notice was issued to the appellants as the advocate who was appearing for the appellants was designated as Senior Advocate.
Court notice is duly served.
There is no representation.
The case was called out in the morning session. Since there was no representation, it was adjourned to afternoon session. Even in the afternoon session when the matter is called out, there is no representation on behalf of the appellants.
-5-NC: 2024:KHC-K:5628 RSA No. 200052 of 2015 Appeal is of the year 2015.
Hence, appeal is dismissed for non-prosecution.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 14