Mahemooda Begum W/O.Late ... vs Mohd.Haji S/O. Abdul Nabi Sab
2021 Latest Caselaw 3108 Kant

          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

     DATED THIS THE 04TH DAY OF AUGUST, 2021

                          BEFORE

THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

       REGULAR SECOND APPEAL No.7089/2010

BETWEEN:

1.     MAHEMOODA BEGUM
       W/O LATE MOHD. MASTAN
       AGE: 52 YEARS, OCC: HOUSE HOLD

2.     MUSTAFFA
       S/O LATE MOHD.MASTAN
       AGE:21 YEARS, OCC: BUSINESS

3.     SHABBER AHMED
       S/O LATE MOHD.MASTAN
       AGE: 19 YEARS, OCC: STUDENT

4.     AISHA BEGUM
       D/O LATE MOHD.MASTAN
       AGE: 14 YEARS,
       APPELLANT NO.4 IS MINOR UNDER GUARDIAN
       OF HER MOTHER APPELLANT NO.1

       ALL ARE R/O SHAHABAD TOWN
       TQ. CHITTAPUR
       DIST. GULBARGA

                                                ... APPELLANTS

(BY SRI A.M.BIRADAR, ADVOCATE)

AND:

1.     MOHD.HAJI S/O. ABDUL NABI SAB
       SINCE DECEASED BY LRS
                                          RSA No.7089/2010
                                2




1.1    RASULA BEGUM
       W/O MAQBOOL AHMED PAPADWALE
       AGE:27 YEARS, OCC: HOUSEHOLD
       R/O RAHAMAT NAGAR, SEDAM
       TQ.SEDAM, DIST.GULBARGA

1.2.   RAZIYA BEGUM
       W/O MOHD.IBRAHIM
       AGE: 31 YEARS, OCC: HOUSEHOLD
       R/O HANUMAN NAGAR SHAHABAD
       TQ.CHITTAPUR, DIST.GULBARGA

1.3.   FATIMA BEGUM W/O FAKRUDDIN
       AGE: 28 YEARS, OCC: HOUSEHOLD
       R/O VILLAGE KORALLI
       TQ.CHINCHOLI, DIST.GULBARGA

1.4.   HANIFA BEGUM W/O MAHABOOB
       AGE: 24 YEARS, OCC: HOUSEHOLD
       R/O RAHAMAT NAGAR SEDAM
       TQ.SEDAM, DIST.GULBARGA

1.5.   ISMAIL BEGUM D/O LATE MOHD.HAJI
       AGE: 19 YEARS
       R/O HANUMAN NAGAR, SHAHABAD
       TQ.CHITTAPUR, DIST.GULBARGA

2.     ABDUL NABI S/O MOHD.HAJI
       SINCE DECEASED BY LRS.

A)     SHAHANAZ BEGUM W/O ABDUL NABI
       AGE:27 YEARS, OCC:HOUSEHOLD

B)     MUSKAN D/O ABDUL NABI
       AGE: 9 YEARS

C)     MUSBAH D/O ABDUL INABI
       AGE: 7 YEARS

D)     REHMAN S/O ABDUL NABI
       AGE: 4 YEARS

E)     SUFYAN S/O ABDUL NABI
       AGE: 1 YEAR
                                                   RSA No.7089/2010
                                  3




     LRS 2(B) TO (E) ARE MINORS UNDER THE
     GUARDIAN OF THEIR MOTHER 2(A)
     ALL ARE R/O HANUMAN NAGAR
     NEAR TELEPHONE EXCHANGE OFFICE SHAHABAD
     TQ.CHITTAPUR, DIST.GULBARGA

3.   MOHD.MAHEBOOB
     S/O LATE MOHD.HAJI
     AGE: 37 YEARS, OCC: BUSINESS
     R/O HANUMAN NAGAR, SHAHABAD
     TQ.CHITTAPUR, DIST.GULBARGA

4.   MOHD. MOINUDDIN
     S/O LATE MOHD.HAJI
     R/O HANUMAN NAGAR, SHAHABAD
     TQ.CHITTAPUR, DIST.GULBARGA

                                                      ... RESPONDENTS

(R1(1) TO R1(5), R2(A), R3 AND R4 SERVED
 R2(B) TO R2(D) ARE MINORS REP. BY M/G R2(A))

     THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, PRAYING TO ALLOW THIS APPEAL BY SETTING ASIDE
THE JUDGMENT AND DECREE DATED 31.10.2009 PASSED BY THE IV
ADDITIONAL   DISTRICT    JUDGE,       GULBARGA   IN   RA   NO.11/2008
CONFIRMING THE JUDGMENT AND DECREE DATED 03.12.2007
PASSED BY THE CIVIL JUDGE (SR.DIV.), SEDAM IN O.S.NO.11/2003.


     THIS    APPEAL     COMING        ON   FOR   ORDERS     THROUGH
PHYSICAL/VIDEO CONFERENCING HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:


                            ORDER

None appear in the matter either physically or through

Video Conferencing. No reasons are forthcoming for non

appearance of learned counsel for the appellants. A perusal of RSA No.7089/2010

the order sheet would go to show that in spite of granting

several and sufficient opportunities, even as finally and also as

a last chance, the appellants have not filed the paper book. No

reasons are forthcoming for non-filing of paper book.

Hence, the appeal stands dismissed for non-prosecution

and non filing of paper book.

Sd/-

JUDGE

VNR