Kumarunnisa vs Abdul Jaheer
2023 Latest Caselaw 5995 Kant

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                                                           NC: 2023:KHC:30528
                                                       RSA No. 1573 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 28TH DAY OF AUGUST, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1573 OF 2021 (DEC/INJ)

                   BETWEEN:

                   1.    KUMARUNNISA
                         W/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 62 YEARS

                   2.    MUZEEB
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 41 YEARS

                   3.    RIZWAN
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 43 YEARS

                   4.    RIYAZ
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 41 YEARS
Digitally signed
by SHARANYA T
Location: HIGH     5.    TAHSEEN PARVEEZ
COURT OF                 S/O. LATE ABDUL JAFFER MOHIDDIN
KARNATAKA
                         AGED ABOUT 38 YEARS

                   6.    ASHMAD
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 36 YEARS

                   7.    ALI
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 34 YEARS

                   8.    LATHEEF
                         S/O. LATE ABDUL JAFFER MOHIDDIN
                         AGED ABOUT 30 YEARS
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                                           NC: 2023:KHC:30528
                                         RSA No. 1573 of 2021




9.   FAZIL
     S/O. LATE ABDUL JAFFER MOHIDDIN
     AGED ABOUT 28 YEARS

     ALL ARE R/AT DODDAMANDIGANAHALLI
     BEHIND RANGALAKSHMI CHOULTRY
     VIJAYANAGA EXTENSION
     HASSAN CITY, HASSAN-573 201.
                                              ...APPELLANTS

          (BY SRI K.P.BHUVAN, ADVOCATE [ABSENT])
AND:

1.   ABDUL JAHEER
     MAHAMMAD SAB @ BADA SAB
     AGED ABOUT 62 YEARS
     R/AT MADHUGERE VILLAGE
     KASABA HOBLI, BELUR TALUK
     HASSAN DISTRICT-573 207.
                                              ...RESPONDENT

      THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 28.02.2020
PASSED IN R.A.NO.19/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE, BELUR DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 02.07.2019
PASSED IN O.S.NO.80/2013 ON THE FILE OF THE LEARNED
CIVIL JUDGE AND JMFC AT BELUR.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                           ORDER

This Court, vide order dated 11.08.2023 observed that

this matter is of the year 2021 and learned counsel for the

appellants is absent and the matter is listed fourth time for

non-compliance of office objections. However, in the ends of

NC: 2023:KHC:30528 RSA No. 1573 of 2021

justice, granted one more opportunity to the learned counsel

for the appellants to comply with the office objections on cost

of Rs.1,000/- payable at Registry and also made it clear that, if

the cost is not paid and the office objections are not complied,

list the matter for dismissal on the next date of hearing.

Inspite of the said order, the learned counsel for the appellants

has neither paid the cost nor complied with the office

objections.

2. Today also, there is no representation on behalf of

the appellants. Hence, in view of the order dated 11.08.2023,

the appeal is dismissed for non-compliance of office objections

and non-payment of cost.

Sd/-

JUDGE

ST