Karnataka High Court
Mohaboob Pasha vs Sri Appaiah on 24 August, 2023
Bench: V Srishananda
-1-
NC: 2023:KHC:30423
RFA No. 74 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.74 OF 2015(INJ)
BETWEEN:
MOHABOOB PASHA
S/O SYED YERUB
SINCE DEAD BY LEGAL REPRESENTATIVES
1. JAMEELA
W/O MOHABOOB PASHA
AGED ABOUT 50 YEARS
2. SRI IMRAN PASHA
S/O LATE MOHABOOB PASHA
AGED ABOUT 27 YEARS
3. FARHAN PASHA
S/O LATE MOHABOOB PASHA
AGED ABOUT 25 YEARS
Digitally 4. SRI RIZWAN PASHA
signed by
MALATESH S/O LATE MOHABOOB PASHA
KC AGED ABOUT 22 YEARS
Location:
HIGH
COURT OF 5. MS SHAZIYA BANU
KARNATAKA
D/O LATE MOHABOOB PASHA
AGED ABOUT 19 YEARS
THE APPELLANTS NO.1 TO 5
ALL ARE RESIDING AT
NO.52/2, 3RD CROSS
CHINNAYANA PALYA
BANGALORE -560 030
...APPELLANTS
(BY SRI K.S.VENKATARAMANA, ADVOCATE -ABSENT)
-2-
NC: 2023:KHC:30423
RFA No. 74 of 2015
AND:
1. SRI APPAIAH
S/O LATE SHAMBHAPPA
AGED ABOUT 100 YEARS
REPRESENTED BY HIS GPA HOLDER
SRI R SRINIVASULU NAIDU
AGED ABOUT 73 YEARS
R/AT NO.10, 2ND CROSS
H SIDDAIAH ROAD
BANGALORE -560 027
2. SMT VENKATAMMA
W/O LATE APPANNA
AGED ABOUT 64 YEEARS
3. SRI SHAMA
S/O LATE SHAMBHAPPA
AGED ABOUT 74 YEARS
THE RESPONDENT NO.2 AND 3
REPRESENTED BY GPA HOLDER
SRI RAJANNA S/O SHAMA
AGED ABOUT 44 YEARS
RESIDING AT NO.10, 29TH MAIN
4TH CROSS, BTM LAYOUT
(NEAR MUNESWARA TEMPLE)
BANGALORE 560 076
4. MYSORE ROAD INDUSTRIAL EMPLOYEES HOUSE
BUILDING CO-OPERATIVE SOCIETY LIMITED,
#12/3, DR OOMEN SHERIFF ROAD
BASAVANAGUDI
BANGALORE -560 004
BY ITS PRESIDENT
MAJOKHALEE UR REHMAN
S/O NOT KNOWN
AGED ABOUT 101 YEARS
5. APPAIANNA
FATHER S NAME NOT KNOWN
-3-
NC: 2023:KHC:30423
RFA No. 74 of 2015
AGED ABOUT 55 YEARS
RESIDING AT DR OOMEN SHERIFF ROAD
NO.12/3, BASAVANAGUDI
BANGALORE -560004
6. SMT FARZANA TAJ
W/O MOHAMMED SHABIR
AGED ABOUT 45 YEARS
R/AT NO.8, 2ND CROSS
CHINNAYYANAPALYA
BNAGALORE -560 032
7. SRI FIYAZ AHAMED
W/O MOHAMMED YOUSUFF
AGED ABOUT 58 YEARS
R/AT NO.4, 1ST CROSS
CHINNAYYANAPALYA
BNAGALORE 560032
8. SMT IRSHAD BAIG
S/O MOHABOOB BAIG
AGED ABOUT 49 YEARS
RESIDING AT
M/S BHARATH ENTERPRISE
TANK GARDEN, 1ST BLOCK
JAYANAGARA
BANGALORE - 11
9. MOHAMMED SHARIEF
S/O SYED YOUSUFF
AGED ABOUT 71 YEARS
NO.4, SOMESHWARANAGAR
1ST BLOCK, JAYANAGAR
BANGALORE -11
10. SRI MOHAMMED ZAHEER AHAMED
S/O MOHAMMED HAYATH SAHEB
AGED ABOUT 75 YEARS
NO.6, 6TH ROAD
NANDIDURGA EXTENSION
BANGALORE -560 046
-4-
NC: 2023:KHC:30423
RFA No. 74 of 2015
11. SRI M A AZEERKHAN
S/O M J ALIKHAN
AGED ABOUT 52 YEARS
NO.14, K M STREET,
KALASIPALYAM
BANGALORE -560002
12. SRI RIYAZ AHAMED
S/O SRI MOHAMMED YUSUFF
AGED ABOUT 57 YEARS
NO.39, SOUTHERN MAKHAN ROAD
AGORMANDI
BANGALORE -560027
13. SRI MOHAMED NAZEER AHMED
S/O MOHAMMED HAYATH SAHEB
AGED ABOUT 66 YEARS
RESIDING AT NO.20/1,
BERLIE STREET
SHANTHINAGAR
BANGALORE -560 027
14. M/S INDO-FUJI INFORMATION
TECHNOLOGIES (P) LTD
NO.482, 25TH MAIN
2ND CROSS, 1ST PHASE, 2ND STAGE,
BTM LAYOUT
BANGALORE - 560 076
REPRESENTED BY ITS
MANAGING DIRECTOR
& CEO DR K G SURESH
S/O K N GOPALA RAO
AGED ABOUT 47 YEARS
15. THE SECRETARY
MYSORE ROAD
INDUSTRIAL EMPLOYEES HOUSE BUILDING
CO-OPERATIVE SOCIETY LTD.,
NO.308, 1ST FLOOR
1ST STAGE, 100 FEET RING ROAD
-5-
NC: 2023:KHC:30423
RFA No. 74 of 2015
BTM ROAD
BANGALORE -560 086
...RESPONDENTS
(BY SRI RAMA MOHAN, ADVOCATE FOR R3;
R2 IS SERVED BUT UNREPRESETNED;
VIDE ORDER DATED 31.07.2015, R1 IS DELETED;
VIDE ORDER DATED 20.03.2015, NOTICE TO R4 TO R15
DISPENSED WITH)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 29.3.2012 PASSED IN O.S.No.4819/2002 ON
THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT
FOR PERMANENT INJUNCTION AGAINST THE DEFENDANT NO.7
THEREIN WITH RESPECT TO PLAINT 'B' SCHEDULE PROPERTY
AND DISMISSING THE SUIT FOR PERMANENT INJUNCTION
AGAINST THE DEFENDANTS 3 TO 6, 8 TO 11 AND 13 THEREIN
WITH RESPECT TO PLAINT 'A' SCHEDULE PROPERTY.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Case called twice. None present on behalf of appellants.
I.A.No.1/2015 is filed seeking condonation of delay of 930
days in filing the appeal.
2. Defendant No.7 has preferred this appeal challenging the
validity of the judgment and decree passed in
O.S.No.4819/2002 dated 29.03.2012 on the file of XXXVII
Additional City Civil and Sessions Judge, Bengaluru City.
NC: 2023:KHC:30423
RFA No. 74 of 2015
3. It is submitted that defendant No.7 has filed a
comprehensive suit in O.S.No.26253/2010 wherein, he has
sought for declaration of title over the suit property, by virtue
of sale said to have been made by the legal representatives of
original owner for whom he has acted as power of attorney
holder.
4. Placing the submission of the counsel for contesting
respondent on record, taking note of the fact that the appeal is
filed belatedly and the contentions taken in the affidavit are
hardly sufficient to condone the huge delay of 930 days,
I.A.No.1/2015 is dismissed.
Consequently, appeal also dismissed.
Sd/-
JUDGE
kcm
