Karnataka High Court
Jamalbi vs Smt Khairunabi W/O Peersab Nadaf on 4 November, 2022
Bench: R Nataraj
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RFA No. 848 of 2006
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R.NATARAJ
REGULAR FIRST APPEAL NO. 848 OF 2006 (DEC & INJ)
BETWEEN:
1. JAMALBI
2. ALLAUDDINSAB
3. SHAHABUDDIN
4. MEHABOOBALI
ALL MAJORS
APPELLANT NO.1 IS WIFE AND APPELLANT NOS. 2
TO 4 ARE SONS OF LATE SRI SANNAMARDANSAB
NADAF, RESIDENTS OF DIDAGUR,
TALUK HAVERI AND DISTRICT HAVERI 581 110
...APPELLANTS
(BY SRI. F.V. PATIL, ADVOCATE)
AND:
1. SMT. KHAIRUNABI
W/O PEERSAB NADAF
AGED 60 YEARS, AGRICULTURIST
RESIDING AT DIDAGUR,
HAVERI TALUK AND DIST. 581 110
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RFA No. 848 of 2006
(SINCE DECEASED BY HER
L.R. SMT. AMEENAMBI, THE
2ND PLAINTIFF / RESPONDENT NO.2)
2. SMT. AMEERAMBI
W/O BABULAL NADAF
MAJOR, AGRICULTURIST
RESIDING AT HUBBALLI,
NOW AT DIDAGUR
HAVERI TALUK AND DIST. 581 110
3 SMT. FATIMABI,
W/O MODINSAB KALAKOTI,
MAJOR, AGRICULTURIST,
RESIDENT OF ALADAKATTI,
NOW AT DIDAGUR,
HAVERI TALUK AND DIST. 581 110
SINCE DEAD BY LRs.,
3(A). SMT. BIBIJAIRA
W/O HUSSAIN SAB
AGE:45 YEARS,
R/O KARJAGI,
BALEHOSUR,
HAVERI-581 110
3(B). SMT. ZUBEDA
W/O ABDUL NAZIR NADAF
AGE:38 YEARS,
R/O DIDAGUR,
HAVERI TALUK AND DISTRICT
PIN-581 148
3(C). SMT. MUMTAZBI
W/O LALSAB,
AGE 32 YEARS
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RFA No. 848 of 2006
R/O KARJIGI NEAR NAGINDRANA MATTI
HALINKERE
HAVERI 581 110
3(D). SMT. RAZIA
W/O MURDANSAB
AGE:30 YEARS
R/O BANKAPUR,
MELLEGATTI,
SAVANUR TALUK,
HAVERI DISTRICT
PIN - 581 118
3(E). SMT. MEHABOOB BI
W/O BABU NADAF,
MAJOR,
R/O KAMBROLLI,
KUNDAGOL TALUK,
DHARWAD DISTRICT.
3(F). SMT. NANNIMA
W/O ZEELANI DANDULI,
AGE 26 YEARS
R/O BADNI
SAVANUR TALUK
HAVERI DISTRICT
PIN -581 118
4. SRI ABDULGHANISAB
MOTHER BEEBIJAAN MULLA
MAJOR, COOLIE
RESIDENT OF DIDAGUR
HAVERI TALUK AND DIST. 581 110.
5. SMT. JAMALBI
W/O FAKRUSAB KALAKOTI
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RFA No. 848 of 2006
MAJOR, HOUSEHOLD
RESIDENT OF ALADAKATTI
HAVERI TALUK AND DIST. 581 110
...RESPONDENTS
(NOTICE/S IS/ARE SERVED ON RESPONDENT NOS.2, 3(A TO F)
AND 5
NOTICE TO RESPONDENT NO.4 IS HELD SUFFICIENT VIDE
COURT ORDER DATED 16.10.2008
RESPONDENT NO.2 IS TREATED AS LEGAL REPRESENTATIVE
OF DECEASED RESPONDENT NO.1
CAUSE TITLE IS AMENDED VIDE COURT ORDER DATED
16.10.2008)
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 23.01.2006 PASSED IN O.S.NO.33/1992 ON
THE FILE OF THE CIVIL JUDGE (SR. DN.), HAVERI,
DISMISSING THE SUIT FOR DECLARATION AND INJUNCTTION.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants seeks time. It is
seen that on the last date, the learned counsel had stated that
the appellants have taken away the file along with no objection
to engage any other Advocate. Hence, a week's time was
granted as a last chance to intimate the appellants to take
steps for their representation in this appeal.
RFA No. 848 of 2006
However, since the learned counsel for the appellants has
not taken any steps, this Appeal is dismissed for non-
prosecution.
SD/-
JUDGE
SMA
