Mr. Syed Sayeed S/O. Syed Abdul ... vs Sheikh Mohammed @ Dada Mian
2022 Latest Caselaw 11801 Kant

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           RSA No. 100061 of 2018


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

     DATED THIS THE 13TH DAY OF SEPTEMBER, 2022

                         BEFORE
       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
     REGULAR SECOND APPEAL NO.100061 OF 2018

BETWEEN:

     MR. SYED SAYEED,
     S/O SYED ABDUL KHADER,
     SINCE DECEASED,
     REPRESENTED BY HIS LR's,

1.   SMT. AKHILA PARVEEN,
     W/O SYED SAYEED,
     AGED 65 YEARS, OCC: HOUSEHOLD,
     R/O COWL BAZAR,
     AT PRESENT R/AT CANTONMENT,
     BALLARI - 583 104.

2.   SMT. NUSRAT PARVEEN,
     W/O. IFZHANULLAH KHAN,
     AGED 49 YEARS, OCC:HOUSEHOLD,
     R/O T. NAGAR, CHENNAI.

3.   SMT. ZEENATH,
     W/O SUHAIL KILLEDAR,
     AGED 47 YEARS, OCC:HOUSEHOLD,
     R/O NEHRU COLONY,
     BELAGAVI - 590 001.

4.   MR. SYED SAUOOD,
     S/O SYED SAYEED,
     AGED 45 YEARS, OCC:BUSINESS,
     R/O COWL BAZAR,
     AT PRESENT R/AT CANTONMENT,
     BALLARI - 583 104.
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           RSA No. 100061 of 2018


5.   SMT. NUZHATH PARVEEN,
     W/O KHALANDER MOHAMMED,
     AGED 43 YEARS, OCC: HOUSEHOLD,
     R/O GANDHI MATTI STEET,
     TIRUNELVELI, TAMIL NADU.

6.   SMT. SAYEEDAA PARVEEN,
     W/O ARSHAD AHMED,
     AGED 41 YEARS, OCC: HOUSEHOLD,
     R/O COWL BAZAR,
     AT PRESENT R/AT CANTONMENT,
     BALLARI - 583 104.

7.   SMT. SHAMAMA PARVEEN,
     W/O SHAIKH AHMED HAMMED,
     AGED 39 YEARS, OCC: HOUSEHOLD,
     R/O WASHERMAN PET,
     CHENNAI, TAMIL NADU.

                                           ...APPELLANTS

(BY SRIYUTHS. V.M. SHEELVANT, VINAY S KOUJALAGI,
    ANAND ASHTEKAR, M.L. VANTI AND
    S.H. MITTALKOD, ADVOCATES)

AND:

     SHEIKH MOHAMMED @ DADA MIAN,
     S/O MOHAMMED ABDUL AZEEZ SAHEB,
     SINCE DECEASED BY HIS LRS:

1.   IMTIYAZ AHMED,
     S/O SHEIKH MOHAMMED,
     AGED ABOUT 63 YEARS,
     OCC: MERCHANT,
     R/O 8-2-350/5/A,
     ROAD NO.3, BANZARA HILLS,
     HYDERABAD - 500 034.

2.   SHABAZ AHMAD,
     S/O SHEIK MOHAMMED,
     AGED 58 YEARS, OCC: MERCHANT,
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            RSA No. 100061 of 2018


     R/O. 8-2-350/5/A,
     ROAD NO.3, BANZARA HILLS,
     HYDERABAD - 500 034.

3.   AYAZ AHAMAD,
     S/O. SHEIKH MOHAMMED,
     AGED: 56 YEARS, OCC:MERCHANT,
     R/O. 8-2-350/5/A, ROAD NO.3,
     BANZARA HILLS, HYDERABAD - 500 034.

                                               ...RESPONDENTS


     THIS RSA FILED U/S 100 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 24.01.2017 PASSED IN
R.A.NO.58/2012 ON THE FILE OF THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, BALLARI, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
30.09.2000, PASSED IN O.S.NO.1015/1989 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE, (JR.DVN.) PARTLY DECREEING
THE SUIT FILED FOR CANCELLATION OF THE REGISTERED
SALE DEED.

      THIS APPEAL COMING ON FOR ORDERS THIS DAY THE
COURT MADE THE FOLLOWING.

                          ORDER

Though appeal was filed in year 2018, office

objections were not complied even after granting sufficient

opportunity. On 24.08.2022, when matter was listed for

non-compliance of office objections for third time, finally

three weeks time was granted on payment of cost of

Rs.500/-.

RSA No. 100061 of 2018

When matter is listed today, it is seen that cost has

not been paid. This would indicate that appellant is not

interested in pursuing appeal. Appeal is dismissed for non-

prosecution.

SD/-

JUDGE

VMB