Mohd. Abdul Rehman S/O Sri. Mohd. Ali ... vs Abdul Raheem Patel
2023 Latest Caselaw 11428 Kant

Karnataka High Court

Mohd. Abdul Rehman S/O Sri. Mohd. Ali ... vs Abdul Raheem Patel on 21 December, 2023

                                               -1-
                                                     NC: 2023:KHC-K:9369
                                                        RSA No. 7377 of 2011




                              IN THE HIGH COURT OF KARNATAKA
                                     KALABURAGI BENCH

                       DATED THIS THE 21ST DAY OF DECEMBER, 2023

                                          BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                          REGULAR SECOND APPEAL NO.7377 OF 2011
                                     (DEC/POS/INJ)

                   BETWEEN:

                   MOHD. ABDUL REHMAN
                   S/O SRI MOHD. ALI SAHEB
                   SINCE DECEASED BY HIS LR.

                   HABEEBUNNISA BEGUM
                   W/O MR.M.A.RAHIM ARZOO
                   AGED ABOUT 84 YEARS,
                   OCC: HOUSEHOLD
                   R/O STATION AREA,
                   GULBARGA-585102.
                                                                ...APPELLANT

                   (APPELLANT SERVED THROUGH COURT NOTICE)
Digitally signed
by SHILPA R
TENIHALLI          AND:
Location: HIGH
COURT OF
KARNATAKA
                   ABDUL RAHEEM PATEL
                   S/O ABDUL KHADER PATEL
                   PAYAL KALBENUR,
                   AGED ABOUT 60 YEARS,
                   OCC: AGRICULTURE
                   R/O: H.NO. 7-116, MOHALLA BHADAKAL
                   MOMINPURA, GULBARGA-585102.

                                                              ...RESPONDENT
                   (SERVED)
                                -2-
                                      NC: 2023:KHC-K:9369
                                          RSA No. 7377 of 2011




     THIS RSA IS FILED U/S. 100 OF CPC PRAYING TO ALLOW
THIS APPEAL AND SET ASIDE THE JUDGMENT ND DECREE
DATED 19.07.2011 PASSED IN R.A. NO.216/2010 BY THE
LEARNED IV ADDL. DISTRICT JUDGE, GULBARGA, SETTING
ASIDE THE JUDGMENT AND DECREE DATED: 30.11.2007
PASSED IN O.S. NO. 408/1989 BY THE LEARNED II CIVIL
JUDGE (JR.DN.) AND JMFC AT GULBARGA AND TO GRANT ANY
OTHER APPROPRIATE RELIEF, IN THE INTEREST OF JUSTICE

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

                          JUDGMENT

The Court notice issued to the appellant is served through

his son. In spite of that, there is no representation. The

appeal is of the year 2011. I do find any reason to adjourn the

matter. The paper books are not yet filed. It appears that the

appellant is not interested to prosecuted the appeal. Hence,

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

Sd/-

JUDGE

Srt