Karnataka High Court
Sri. Mirza Mohamed Ali vs Sri. Mirza Arjuman Ali Since Deceased ... on 20 December, 2023
Author: V Srishananda
Bench: V Srishananda
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NC: 2023:KHC:46618
RFA No. 1455 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1455 OF 2023
(PAR/DEC)
BETWEEN:
1. SRI. MIRZA MOHAMED ALI
S/O SRI MIRZA NASIR ALI @ SHAH MIRZA
AGED ABOUT 63 YEARS
PRESENT ADDRESS AT
POST OFFICE BOX 132691
JEDDAH 21382
SAUDI ARABIA
2. SRI MIRZA IMDAD HUSSAIN
S/O SRI MIRZA NASIR ALI @ SHAH MIRZA
AGED ABOUT 57 YEARS
Digitally PRESENT ADDRES AT
signed by R
MANJUNATHA POST OFFICE BOX 52325
Location: JEDDAH 21563
HIGH COURT
OF SAUDI ARABIA
KARNATAKA
3. SRI MIRZ ABID ALI
S/O SRI MIRZA NASIR ALI @ SHAH MIRZA
AGED ABOUT 53 YEARS
4. SRI MIRZA MOHAMED IRBAHIM
S/O MIRZA NASIR ALI @ SHAH MIRZA
AGED ABOUT 65 YEARS
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RFA No. 1455 of 2023
5. SRI AGA HUSSAIN ALI
S/O SRI MIRZA NASIR ALI @ SHAH MIRZA
AGED ABOUT 61 YEARS
R/A SY NO.45, RMV EXTENSION
BOOPASANDRA
SANJAYNAGAR POST
BANGALORE-560094
6. SMT ZAINAB SULTANA
SINCE DECEASED REP BY HER LRS
(a) SRI MIRZA ALTAF HUSSAIN
SINCE DEAD BY HIS LRS
6(b) TO 6(e) ARE HIS CHILDREN I.E.,
(b) MS NARJIS FATIMA
AGED 30 YEARS
(c) SRI ABBAS HUSSAIN
AGED ABOUT 28 YEARS
(d) MS NAJME FATIMA
AGED ABOUT 26 YEARS
(e) MS KANIEZ ZEHRA
AGED ABOUT 24 YEARS
7. SMT SHAH SULTANA
W/O MIRZA MOHAMMED JAVID
AGED ABOUT 55 YEARS
8. SMT DIL NAWAZ
SINCE DECEASED
REPRESENTED BY HER LRS APPELLANTS
1 TO 5 AND 7 HEREIN
NO.1 TO 7 ARE CHILDREN OF
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RFA No. 1455 of 2023
SRI. MIRZA NASIR ALI @ SHAH MIRZA
AND 4,6 AND 7 ARE R/O EARLIER
OLD NO.43 AND NEW NO.55, SERPENTINE
STREET, RICHMOND TOWN
BANGALORE-560025
AND PRESENTLY RESIDENT OF NO.37
LINDEN STREET, AUSTIN TOWN
BANGALORE-560047.
...APPELLANTS
(BY SRI. MURUGESH T., ADVOCATE)
AND:
SRI. MIRZA ARJUMAN ALI
SINCE DECEASED REP BY HIS LRS
1. SMT NAFFES FATHIMA
W/O LATE MIRZA ARJUMAN ALI
AGED ABOUT 54 YEARS
2. SMT MEHERANGEEZ
AGED ABOUT 23 YEARS
3. MISS RAISA FATHIMA
AGED ABOUT 20 YEARS
4. SRI MIRZA MOHAMED YAZDAN
AGED ABOUT 20 YEARS
(1) TO (4) CHILDREN OF
LARE MIRZA ARJUMAN ALI
5. SMT KHANEEZ FATHIMA
D/O MIRZA TAHER ALI
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RFA No. 1455 of 2023
6. SMT KHANEEZ ZAHARA
D/O MIRZA TAHER ALI
NO.1 TO 6 ARE R/A NO.2135
TURABLI STREET
MANDI MOHALLA
MYSORE
7. SRI MIRZA YOUSUF ALI
S/O MIRZA TAHER ALI
AGED ABOUT 44 YEARS
8. SRI MIRZA ABID ALI
S/O MIRZA TAHER ALI
AGED ABOUT 38 YEARS
9. SRI MIRZA SADIQ ALI
S/O MIRZA TAHER ALI
AGED ABOUT 36 YEARS
10. SRI MIRZA TAHER ALI
SINCE DEAD REP BY HIS LRS
DEFENDANTS 1 TO 6 HEEREIN
NO.4 TO 6 ARE R/AT 3325/17A
ANEGUNDI ROAD, TILAKNAGAR
MYSORE.
8. SMT ZAR ANGEEZ
W/O AHMED ALI @ SHAH JEHAN
AGED ABOUT 72 YEARS
9. SMT JAHAN SULTAN
W/O IMAD ALI
AGED ABOUT 60 YEARS
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RFA No. 1455 of 2023
10. SMT FATHIMA SULTAN
W/O ZAFFAR ABBAS
AGED ABOUT 52 YEARS
11. SRI MOHAMMED MIRZA
AGED ABOUT 46 YEARS
S/O SRI MIRZA SULTAN ALI @ AGA JANI
12. SMT NISAR BANU
W/O LATE MIZA QURBAN ALI
AGED ABOUT 72 YEARS
13. SRI MIRZA FARMAN ALI
S/O LATE MIZA QURBAN ALI @ SARDAR MIRZA
AGED ABOUT 52 YEARS
14. SRI MIRZA AZIZ ALI
AGED ABOUT 51 YEARS
S/O LATE MIZA QURBAN ALI @ SARDAR MIRZA
15. SMT KHANUM BATHUL
W/O SYED SAJJAD ALI
AGED ABOUT 48 YEARS
16. SMT KHANUM TAJ
W/O SYED NAZAHER ALI
AGED ABOUT 46 YEARS
D/O LATE MIZA QURBAN ALI @ SARDAR MIRZA
17. SMT SHAHAR BANU
W/O MEER KAMIL HASSAN
AGED ABOUT 44 YEARS
D/O LATE MIZA QURBAN ALI @ SARDAR MIRZA
No.13 TO 17 ARE CHILDREN OF LATE
MIZA QURBAN ALI @ SARDAR MIRZA AND
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RFA No. 1455 of 2023
8 TO 17 ARE ARE R/A OLD NO.43
AND NEW NO.55
SERPENTINE STREET
RICHMOND TOWN
BANGALORE-560025
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 13.03.2023 PASSED IN
O.S.No.25367/2012 ON THE FILE OF THE LXXII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE BENGALURU(CCH 73),
DISMISSING THE SUIT FOR DECLARATION AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Case called twice. None present on behalf of the
appellants.
Office objections are not complied, inspite of granting
sufficient time. Accordingly, appeal stands dismissed for non
prosecution.
Sd/-
JUDGE
MR
