Sri Syed Ismail vs Smt Hasnath Bi

Citation : 2024 Latest Caselaw 15070 Kant
Judgement Date : 28 June, 2024

Karnataka High Court

Sri Syed Ismail vs Smt Hasnath Bi on 28 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                               NC: 2024:KHC:24271
                                                             MFA No. 6058 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                               DATED THIS THE 28TH DAY OF JUNE, 2024
                                                BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 6058 OF 2023 (LAC)
                      BETWEEN:
                         SRI SYED ISMAIL,
                         S/O LATE SYED AMEER JAAN,
                         AGED ABOUT 53 YEARS,
                         R/ NO.41, SWAGATH MAIN ROAD,
                         THILAKNAGAR, JAYANAGAR,
                         BENGALURU-560 029.
                                                                     ...APPELLANT
                      (BY SRI SHARATH N., ADVOCATE)
                      AND:
                      1.    SMT. HASNATH BI,
                            W/O LATE G MOHAMMED SIDDIQUE,
                            AGED ABOUT 68 YEARS,

                      2.    ZAMRUTH BI,
                            D/O LATE G. MOHAMMED SIDDIQUE,
                            AGED ABOUT 41 YEARS,

                      3.    SHEIK MUKTIAR,
                            S/O LATE G. MOHAMMED SIDDIQUE,
Digitally signed by         AGED ABOUT 39 YEARS,
GEETHAKUMARI
PARLATTAYA S
                      4.    SHEIK IMRAN,
Location: High
Court of Karnataka          S/O LATE G. MOHAMMED SIDDIQUE,
                            AGED ABOUT 37 YEARS,

                      5.    SHEIK HAMEED,
                            S/O LAT G. MOHAMMED SIDDIQUE,
                            AGED ABOUT 35 YEARS,

                      6.    SHEIK MAZHAR,
                            S/O LATE G MOHAMMED SIDDIQUE,
                            AGED ABOUT 33 YEARS,

                      7.    SHEIK SHAFRUDDIN,
                            S/O LATE G. MOHAMMED SIDDIQUE,
                            AGED ABOUT 31 YEARS
                            -2-
                                        NC: 2024:KHC:24271
                                      MFA No. 6058 of 2023




8.   ZEENATH BANU,
     D/O LATE G. MOHAMMED SIDDIQUE,
     AGED ABOUT 29 YEARS,

9.   NUSRATH BANU,
     D/O LATE G. MOHAMMED SIDDIQUE,
     AGED ABOUT 27 YEARS,

10. ISHRATH BANU,
    D/O LATE G MOHAMMED SIDDIQUE,
    AGED ABOUT 25 YEARS,

11. SHEIK ALAUDDIN,
    S/O LATE G. MOHAMMED SIDDIQUE,
    AGED ABOUT 23 YEARS

12. SALMA BANU,
    D/O LATE G. MOHAMMED SIDDIQUE,
    AGED ABOUT 21 YEARS,

13. RESHMA BANU,
    D/O LATE G. MOHAMMED SIDDIQUE,
    AGED ABOUT 19 YEARS,

14. SHEIK MAULANA,
    S/O LATE C. ABDUL GAFOOR,
    AGED ABOUT 69 YEARS,

15. SHAIK FAIZULLA,
    S/O LATE C ABDUL GAFOOR,
    AGED ABOUT 65 YEARS,

16. MOHAMMED HUSSAIN,
    S/O LATE C. ABDUL GAFOOR,
    AGED ABOUT 61 YEARS,

17. SHEIK MUJID,
    S/O LATE C. ABDUL GAFOOR,
    AGED ABOUT 66 YEARS,

18. SHEIK ARIF,
    SS/O LATE C. ABDUL GAFOOR,
    AGED ABOUT 60 YEARS,

     RESPONDENTS 1 TO 18 ARE
     R/A AALAHALLI VILLAGE,
                                 -3-
                                               NC: 2024:KHC:24271
                                            MFA No. 6058 of 2023




     UTTARAHALLI HOBLI,
     BENGALURU SOUTH TALUK-560 061.

19. THE SPECIAL LAND ACQUISITION OFFICER,
    PWD COMPOUND, K R CIRCLE,
    BENGALURU-560 001.

                                                  ...RESPONDENTS
      THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 29.07.2022 PASSED
IN LAC NO.81/1996 ON THE FILE OF THE II ADDITIONAL CITY CIVIL
SESSIONS JUDGE, BENGALURU, CCH.NO.17, DISMISSING THE
REFERENCE MADE UNDER SECTION 30 AND 31(2) OF LAND
ACQUISITION ACT 1894.

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

                           JUDGMENT

Since matter was listed for non-compliance of office objections for 4th time, as a final opportunity, appellant was permitted to comply with office objections during course of day.

2. It is reported that appellant has not complied office objections. Hence, there is no other option than to conclude that appellant is not interested in pursuing this appeal.

3. Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE Psg* List No.: 2 Sl No.: 36