B Allabakash vs Sri Nawab
2023 Latest Caselaw 5302 Kant

                                                   -1-
                                                           NC: 2023:KHC:27493
                                                             RFA No. 1062 of 2006




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                BEFORE
                                  THE HON'BLE MRS JUSTICE M G UMA
                            REGULAR FIRST APPEAL NO. 1062 OF 2006 (DEC)


                      BETWEEN:

                      B. ALLABAKASH
                      SINCE DEAD BY HIS LRS

                      1(A). SMT. KULSUM BEE
                            WIFE OF LATE B. ALLABAKASH
                            SINCE DEAD BY HER LRS
                            APPELLANTS NOS. 1(B) TO 1(G)

                      1(B). SMT. KURSHEED
                            WIFE OF P. PYAREKHAN
                            DAUGHTER OF LATE B. ALLABAKASH
                            AGED ABOUT 61 YEARS.

                      1(C). SMT. MALLIKA
                            WIFE OF HABIBKHAN
                            DAUGHTER OF LATE B. ALLABAKASH
                            AGED ABOUT 59 YEARS.
Digitally signed by
NANDINI B G           1(D). SRI. B. AMEER
Location: High              SON OF LATE B. ALLABAKASH
Court Of Karnataka
                            AGED ABOUT 56 YEARS.

                      1(E). SMT. PRAVEEN
                            WIFE OF B. IQBAL PASHA
                            DAUGHTER OF LATE B. ALLABAKASH
                            AGED ABOUT 49 YEARS.

                      1(F). SMT. SHAHEENA
                            WIFE OF HUSSAIN
                            DAUGHTER OF LATE B. ALLABAKASH
                            AGED ABOUT 45 YEARS.
                              -2-
                                     NC: 2023:KHC:27493
                                        RFA No. 1062 of 2006




1(D). SRI. B. DADAPEER
      SON OF LATE B. ALLABAKASH
      AGED ABOUT 42YEARS.

ALL ARE RESIDING AT NO.3-6-18C
JVS STREET, HINDUPUR - 515 201
ANANTHAPUR DISTRICT
ANDHRA PRADESH.
                                                ...APPELLANTS

(BY SRI: G.R. VENKATESH &
      SRI:PATAN RAHAMATHULLA, ADVOCATE)


AND:


SRI. NAWAB
SON OF RASULLBEIG
AGED ABOUT 51 YEARS
PLASTIC MERCHANT
NEAR MASJID ROAD
VI CROSS
GANGONDANAHALLI
BANGALORE - 560 039.
                                               ...RESPONDENT
(BY SRI: M.C. RAVIKUMAR, ADVOCATE)



       THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 27.01.2006 PASSED IN
O.S.NO.5116/1995 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL
JUDGE, BANGALORE (CCH.NO.28), DISMISSING THE SUIT FOR
DECLARATION AND POSSESSION.



       THIS R.F.A., COMING ON FOR FINAL HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                     NC: 2023:KHC:27493
                                        RFA No. 1062 of 2006




                         JUDGMENT

Learned counsel for the appellants prays for time.

2. The appeal is of the year 2006. Even after 17

years, learned counsel for the appellants is not to ready to

address his arguments. I do not find any reason to adjourn the

matter.

Hence, the appeal is dismissed for default i.e., for non

prosecution.

Sd/-

JUDGE

*bgn/-