Sri Akbar Burhan S/O Ahamed Burhan vs Sri Ahmed Khan
2023 Latest Caselaw 10926 Kant

Karnataka High Court

Sri Akbar Burhan S/O Ahamed Burhan vs Sri Ahmed Khan on 18 December, 2023

Author: V Srishananda

Bench: V Srishananda

                                              -1-
                                                     NC: 2023:KHC:46302
                                                    RFA No. 965 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                     DATED THIS THE 18TH DAY OF DECEMBER, 2023
                                        BEFORE
                       THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO. 965 OF 2009 (PAR/INJ)
              BETWEEN:
                 SRI AKBAR BURHAN
                 S/O AHAMED BURHAN
                 AGED 65 YEARS
                 R/A NO.17, 1ST A CROSS
                 RAHAMATHNAGAR
                 R T NAGAR, BANGALORE - 560 032.

                                                        ...APPELLANT
              (BY SRI. MASKOOR HASHMI MD, ADVOCATE) (ABSENT)

              AND:
              1. SRI AHMED KHAN
                 AGED ABOUT 74 YEARS
                 OCC:RETD. KSRTC DRIVER
                 RESIDING AT NO.110,
                 R T NAGAR, RAHMATHNAGAR
                 BANGALORE - 32
                 SINCE DEAD REPRESENTED BY HIS LRS
Digitally
signed by R         (CAUSE TITILE AMENDED AS PER COURT ORDER
MANJUNATHA
                    DATED 08.07.2014)
Location:
HIGH COURT
OF
KARNATAKA     A)    MS. AZEEMA BI
                    D/O. LATE AHMED KHAN
                    W/O. LATE AHMED KHAN
                    AGED ABOUT 73 YEARS
                    R/AT. NO.675, 8TH CROSS
                    2ND MAIN, R.T.NAGAR
                    BANGALORE - 560 032.

              B)    MRS. NASEEMA BANU
                    D/O. LATE AHMED KHAN
                    W/O. GHOUSE KHAN
                                -2-
                                        NC: 2023:KHC:46302
                                       RFA No. 965 of 2009




     AGED ABOUT 60 YEARS
     R/AT. NO.612, DODDUPET ROAD
     SHARIF MOHALLA
     KUNIGAL, TUMKUR DISTRICT.

C)   MRS. TAHERA BANU
     D/O. LATE AHMED KHAN
     W/O. ISMAIL SHARIM
     AGED ABOUT 48 YEARS
     R/AT. NO.675, 8TH CROSS
     2ND MAIN, R.T.NAGAR
     BANGALORE - 560 032.

D)   SRI. NASIR KHAN
     S/O. LATE AHMED KHAN
     AGED ABOUT 63 YEARS
     R/AT. NO.110, 8TH MAIN
     R.T.NAGAR, BANGALORE - 560 032.

E)   SRI. AADIL KHAN
     S/O. LATE AHMED KHAN
     AGED ABOUT 67 YEARS
     R/AT. NO. 110, 8TH MAIN
     R.T.NAGAR, BANGALORE - 560 032.

2.   THE PRESIDENT
     MANAGING COMMITTEE OF
     MASJID-A-ALA, RAHMATHNAGA
     R T NAGAR, BANGALORE - 32

                                        ...RESPONDENTS
(BY SRI. MEHTER M AZZAM, ADVOCATE) (ABSENT)

     THIS RFA IS FILED U/S 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 02.09.2009 PASSED IN
O.S.NO.17704/2005 ON THE FILE OF THE XIII ADDITIONAL
CITY CIVIL JUDGE, MAYOHALL UNIT, BANGALORE, AND ETC.,

    THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                -3-
                                               NC: 2023:KHC:46302
                                           RFA No. 965 of 2009




                          JUDGMENT

Case called out twice. None present on behalf of the

appellant. Even on the last date of hearing, there was no

representation on behalf of the appellant and this Court in the

interest of justice, adjourned it from 01.12.2023 to today.

2. Appeal is of the year 2009 and the suit of the

plaintiff came to be dismissed. Accordingly, there is no

justification in keeping the appeal pending.

3. Hence, the appeal is dismissed for non-prosecution.

Sd/-

JUDGE

BSS