Irani Zafrulla Khan vs Sri Hyder Ali Khan
2021 Latest Caselaw 5502 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 4th DAY OF DECEMBER, 2021

                      BEFORE

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

               R.F.A.No.1358 OF 2016

BETWEEN:

IRANI ZAFRULLA KHAN,
S/O LATE IRANI NAZRULLA KHAN,
AGED ABOUT 53 YEARS,
FRUIT MERCHANT,
R/O K.T.J. NAGAR, 5TH CROSS,
2ND MAIN,
DOOR NO. 1167,
DAVANAGERE.                             ..APPELLANT

(BY SRI.AMSHITH HEGDE H.S., ADVOCATE)

AND:

1.     SRI HYDER ALI KHAN,
       S/O ABDULLA KHAN,
       AGED ABOUT 58 YEARS,
       FRUIT MERCHANT,
       HOLEHUNNU ROAD,
       R/O BELOW STATE BANK OF MYSORE,
       BHADRAVATHI.

2.     B.P. RUDREGOWDA,
       S/O THIMMEGOWDA,
       AGED ABOUT 63 YEARS,
       BHIMNERE, SANTHE BENNUR HOBLI,
       R/O HOSAMANE EXTENSION,
                                          RFA No.1358/2016
                            2


     SHIVAMOGGA.

3.   GADIGEMMA,
     W/O BASAVANAGOWDA,
     AGED ABOUT 69 YEARS,
     R/O THIMMUNAKATTE TOWN & POST,
     RANEBENNUR TALUK,
     HAVERI DISTRICT.            ..RESPONDENTS

      THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 15.03.2016 PASSED IN R.A. NO. 128/2013
ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE
AND CJM, SHIVAMOGGA DISMISSING THE APPEAL FILED
AGAINST THE ORDER DATED 27.05.2013 PASSED IN FR.
NO.O.S./0000332/2013 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE AND JMFC, SHIVAMOGGA ACCEPTING THE
OFFICE NOTE SUBMITTED BY THE C.M.O.

      This R.F.A. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the
Court made the following:

                       ORDER

Learned counsel for the appellant is physically

present in the Court and he has filed a Memo seeking

conversion of the Regular First Appeal into Regular Second

Appeal.

2. The objections regarding the maintainability of

this matter as a Regular First Appeal was raised by the

office as long back as in the year 2016. Thereafter, on RFA No.1358/2016

several dates of hearing, the matter was listed before the

Court, despite which the appellant had not taken any

remedial steps in the matter. It is only after five years, he

is coming up with the present Memo seeking conversion.

This is nothing but improper use of precious time of the

Court for no valid reasons. As such, though the Memo for

conversion as prayed is granted, but the same would be on

payment of cost. Accordingly, imposing a cost of `5,000/-

payable by the appellant to the Legal Services Committee

of this Court, within three weeks from today and filing a

compliance memo along with receipt in the registry, the

conversion as sought for is granted.

Registry to convert this Regular First Appeal into

Regular Second Appeal, however, subject to further

scrutiny, if required.

Sd/-

JUDGE

MBB