Zulekha Bee W/O Late Mohammed Sab ... vs Master Arif Ahmed S/O Late Aejaz ...
2022 Latest Caselaw 8287 Kant

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

       DATED THIS THE 7TH DAY OF JUNE 2022

                      BEFORE

 THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
                  RSA No.7310/2011

BETWEEN:

ZULEKHA BEE
W/O. LATE MOHAMMED SAB HOTELWALE

SINCE DECEASED, BY HER LRs.

1(a) JAWEED AHMED S/O. MD. SAB,
     AGE ABOUT 54 YEARS,
     OCC: TAILORING.

1(b) MD. SHAFI S/O. MD. SAB,
     AGE ABOUT 50 YEARS,
     OCC: BUSINESS,

1(c) MD. MUSTAK AHMED S/O MD. SAB,
     AGE ABOUT 49 YEARS,
     OCC: AGRICULTURE,

1(d) MUNEERA BEGUM W/O. HUSSAIN PASHA,
     AGE ABOUT 55 YEARS,
     OCC: HOUSEHOLD,

1(e) BILQUIS BANU W/O. SHABBIR AHMED,
     AGE ABOUT 50 YEARS,
     OCC: HOUSEHOLD

1(f)   KAISER BEGUM W/O. IQBAL AHMED,
       AGE ABOUT 48 YEARS,
       OCC: HOUSEHOLD,
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       R/O: TAJ ICE-FACTORY, MIZGORI,
       KALABURAGI.
       APPELLANTS NO.1(a) TO 1(e)
       R/O. NO.18-228, NEAR JAMIA MASJID,
       SHAHABAD, TQ: CHITTAPUR,
       DIST: KALABURAGI.

       APPELLANTS NO.1(1) TO 1(E) RESIDENTS
       OF NO.18-228, NEAR JAMIA MASJID,
       SHAHABAD, TQ: CHITTAPUR
       DIST: KALABURAGI.

2.     JAVEED AHMED
       S/O. LATE MOHAMMED SAHEB,
       AGE: 52 YEARS, OCC: BUSINESS,

3.     SHAFI AHMED
       S/O. LATE MOHAMMED SAHEB,
       OCC: BUSINESS,

4.     MD. MUSTAK AHMED S/O MD. SAB,
       AGE ABOUT 50 YEARS,
       OCC: AGRICULTURE,

       APPELLANTS NO.2 TO 4 ARE RESIDENTS OF
       NEAR MASJID CHOWK SHAHABAD,
       TQ: CHITTAPUR, DIST: KALABURAGI.
                                        ... APPELLANTS
(BY SRI. G.B.YADAV, ADVOCATE FOR
     APPELLANTS NO.1(a) TO (f);
     BY SRI. M.A.JAGIRDAR, ADVOCATE FOR
     APPELLANTS NO.2 TO 4.

AND:
MASTER ARIF AHMED
S/O. LATE AEJAZ AHMED,
AGE: 12 YEARS, MINOR U/G OF HIS
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NATURAL MOTHER SMT. FARIDA PARVEEN
W/O LATE AEJAZ AHMED,
R/O. NEAR RAILWAY GATE MADDI NO.1,
SHAHABAD, TQ: CHITTAPUR,
DIST: GULBARGA.
                                               ... RESPONDENT
(BY SRI. S.S.SIDHAPURKAR, ADVOCATE)

      THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CPC, PRAYING TO SET ASIDE THE
JUDGMENT     AND   DECREE    DATED 24.08.2011  IN
R.A.NO.33/2011 ON THE FILE OF THE CIVIL JUDGE
(SR.DN.) CHITTAPUR AND THE JUDGMENT AND DECREE
DATED 13.02.2009 IN O.S.NO.29/2006 ON THE FILE OF
CIVIL JUDGE (JR.DN.) AT SHAHABAD.

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

                      JUDGMENT

This appeal is of the year 2011, wherein the

concurrent findings of the Courts below have been

challenged.

Learned counsel for the appellants called-out.

Absent.

Learned counsel for the respondent is present.

The order sheet reveals that, on the last date of

hearing also the learned counsel for he appellants

remained absent and all along there was no representation

on behalf of the appellants. It appears, the appellants are

not interested in prosecuting the matter. Hence, the

appeal is dismissed for non-prosecution.

Sd/-

JUDGE

KGR*