Karnataka High Court
Mamtaj Begum vs Smt Babunabi on 3 November, 2022
Bench: Jyoti Mulimani
1
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 03RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
REGULAR SECOND APPEAL NO.1529 OF 2007 (PAR)
BETWEEN:
1. MAMTAJ BEGUM
W/O MAHAMMAD SAB PEEROJI,
AGED ABOUT 60 YEARS,
OCC:HOUSEHOLD WORK.
2. BABUSAB
S/O MAHAMMAD SAB PEEROJI,
AGED ABOUT 34 YEARS,
OCC:AGRICULTURIST.
3. SIKANDAR
S/O MAHAMMAD SAB PEEROJI,
AGED ABOUT 30 YEARS,
OCC:AGRICULTURIST.
4. BUDDESAB
S/O MAHAMMAD SAB PEEROJI,
AGE: MAJOR
OCC: AGRICULTURIST.
ALL ARE R/O YALLIGUTTI VILLAGE,
TAL:BILAGI - 581 116. ...APPELLANTS
[APPEAL STANDS ABATE AGAINST A1;
NOTICE TO A2 TO A4 SERVICE SUFFICIENT]
AND:
1. SMT.RABUNABI
W/O MEHBOOBSAB PEEROJI,
2
AGED ABOUT 67 YEARS, OCC:HH WORK,
R/O YALLIGUTTI, TQ:BILAGI
NOW R/AT GANI VILLAGE,
TQ:BASAVANA BAGEWADI - 586 203.
2. ALLASAB
S/O HUSENSAB PEEROJI,
AGED ABOUT 45 YEARS,
OCC:AGRICULTURIST,
R/O YALLIGUTTI,
TQ:BILAGI - 581 116. ... RESPONDENTS
(APPEAL AGAINST R1 IS ABATED;
R2- SERVED)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC, SET ASIDE THE JUDGMENT AND DECREE DATED
01.03.2007 PASSED BY THE COURT OF CIVIL JUDGE (SR.Dn.),
BILAGI IN R.A.NO.04/2005, CONFIRMING THE JUDGMENT AND
DECREE DATED 18.07.2001 PASSED BY THE CIVIL JUDGE
(JR.DN.), BILAGI IN O.S.NO.04/1998.
THIS REGULAR SECOND APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the names of appellants is called out thrice in
the open Court, there is no representation on behalf of
appellants either through video conferencing or in person.
As could be seen from the daily order sheet, the
matter was listed on 08.08.2022. On that day, Court issued
notice to appellants since learned counsel for appellants had
shifted to Bengaluru.
Accordingly, Court notice was issued to appellants.
The captioned appeal is listed today for orders
regarding report of Principal District and Sessions Court,
Bagalkot dated:20.09.2022.
The report of Principal District and Sessions Court,
Bagalkot depicts that Smt.Mamtaj Begam - first appellant
has died on 14.07.2018 & death certificate is affixed and
Sri.Babu Sab, Sri.Sikandar and Sri.Buddesab - appellants 2
to 4 respectively have received the notice on 16.09.2022.
The report of the Principal District and Sessions
Judge, Bagalkote dated:20.09.2022 is noted.
Though appellant No.1 died way back in the year
2018 i.e., on 14.07.2018, the other appellants have not
made any efforts to bring the legal representatives of
deceased appellant No.1 on record. Hence, the appeal as
against appellant No.1 stands abated.
The report of Principal District and Sessions Judge,
Bagalkot depicts that the other appellants have received the
notice. They have neither engaged services of advocate nor
made any efforts to appear either through video
conferencing or personally. Their name is shown in the
cause list.
As already noted above, though the names of
appellants are called out thrice in the open Court, there is
no representation on behalf of appellants either through
video conferencing or in person. Hence, the Regular Second
Appeal is dismissed for non-prosecution.
Sd/-
JUDGE
TKN
