Smt Rathnamama vs Sri Mohamemd Ibrahim
2022 Latest Caselaw 12613 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 02ND DAY OF AUGUST, 2021

                       BEFORE

      THE HON' BLE MR. JUSTICE E.S.INDIRESH

      REGULAR SECOND APPEAL NO. 1563 OF 2019

BETWEEN
SMT RATHNAMAMA
W/O MUNINARAYANAPPA
AGED ABOUT 52 YEARS
R/AT SULEBELE VILLAGE,
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT,
REPRESENTED BY GPA HOLDER
MUNINARAYANAPPA
                                        ... APPELLANT/S
(By Sri/Smt. :K.SHIVASHANKAR & VIJAYA KUMAR N,
             ADVOCATES)
AND

1.   SRI MOHAMEMD IBRAHIM
     S/O LATE C ABDUL KAREEM
     AGED ABOUT 73 YEARS


2.   SMT C ZAKIRA BEGUM,
     D/O LATE C ABDUL KAREEM
     AGED ABOUT 70 YEARS
                                                    ...2
                             2          RSA NO.1563/2019

3.   SRI MOHAMMED ILLIYAZ
     S/O LATE C ABDUL KAREEM
     AGED ABOUT 70 YEARS


4.   SMT C AKILA BEGUM
     S/O LATE C ABDUL KAREEM
     AGED ABOUT 70 YEARS


5.   SMT ASMA BEGUM
     W/O LATE C ABDUL KHADER
     DAUGHTER IN LAW OF LATE C ABDUL KAREEM
     AGED ABOUT 54 YEARS


6.   SMT AMREEN FATHIMA
     GRAND DAUGHTER OF LATE C ABDUL KHADER
     AGED ABOUT 29 YEARS


7.   SRI C ADNAN
     S/O C.ABDUL KHADER
     GRAND SON OF LATE C.ABDUL KAREEM,
     AGED ABOUT 26 YEARS


     RESPONDENT NO.1 TO 7 ARE
     R/AT: NO 171, 2ND CROSS,
     2ND MAIN, 1ST STAGE, HBR LAYOUT
     BENGALURU
                                                    ...3
                              3        RSA NO.1563/2019

SMT TAHIRA BEGUM (DEAD)


8.    SRI S M JAVEED BAIG
      S/O MOHAMMED BAIG,
      AGED ABOUT 64 YEARS
      R/AT NO 1311, 18TH CROSS,
      HSR LAYOUT, 7TH SECTOR
      BENGALURU


9.    SRI S M WAJEED BAIG ASIFULLA BAIG
      S/O MOHAMMED BAIG
      AGED ABOUT 56 YEARS
      R/AT NO 6/7, 2ND FLOOR,
      SIRSHANTHINILAYA, 13TH CROSS
      AREKEMPNAHALLI, WILSON GARDEN,
      NEAR WILSON MANER APARTMENTS,
      BENGALURU - 27

10.   SMT FARHATH MISBATH
      D/O MOHAMMED BAIG
      AGED ABOUT 43 YEARS
      R/AT NO.249, L.AHMED MANOR,
      7TH SECTOR, HSR LAYOUT,
      BENGALURU-68
11.   SRI NAYAZ MUSTAFA
      S/O LATE C ARSHAD UR RAHIM
      AGED ABOUT 42 YEARS
                                                   ...4
                             4          RSA NO.1563/2019

12.   SRI NISAR MUSTAFA
      S/O C.M. ARSHAD UR RAHIM
      AGED ABOUT 41 YEARS


13.   SMT ANEES FATHIMA
      D/O C M ARSHAD UR RAHIM
      AGED ABOUT 39 YEARS


14.   SRI FAROOQ MUSTAFA
      S/O C M ARSHAD UR RAHIM
      AGED ABOUT 38 YEARS


15.   SRI KHALID MUSTAFA
      S/O C M ARSHAD UR RAHIM
      AGED ABOUT 33 YEARS


      RESPONDENT NO.12 TO 16 ARE
      R/AT NO 48, ABOVE DOOR PLUS
      ENTERPRISES, KUMBARPET MAIN ROAD,
      BENGALURU - 02
                                      ... RESPONDENT/S


(By Sri/Smt: IMRAN PASHA & KRISHNA REDDY.B.C,
          ADVOCATES FOR C/R1-R7)
                                                    ...5
                                   5               RSA NO.1563/2019

      THIS REGULAR SECOND APPEAL FILED UNDER

SECTION 100 OF CPC., AGAINST THE JUDGMENT AND

DECREE DATED 17.06.2019 PASSED IN RA NO.95/2018 ON

THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS

JUDGE,     BENGALURU         RURAL      DISTRICT,      BENGALURU,

DISMISSING      THE      APPEAL       AND     CONFIRMING         THE

JUDGMENT AND DECREE DATED 29.06.2018 PASSED IN OS

NO.1632/2007 ON THE FILE OF THE I ADDITIONAL SENIOR

CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.


      This Regular Second Appeal coming on for Orders, this day the

Court made the following Order.



                              ORDER

Three weeks time is granted to comply with the office objections,

failing which, the appeal shall be dismissed without reference to the

Bench.

Sd/-

JUDGE ...6 6 RSA NO.1563/2019

NOTE : Vide Court Order dated 02.08.2021, office objections are not

complied with, hence appeal shall be dismissed.

COPY

Sd/-

ASSISTANT REGISTRAR T By : SV R By : HKV C By :DS

Ty Dt : 01.02.2022 C.Dt : 02.02.2022