Shah Sajid Mohiuddin Quadri vs Abdul Majeed S/O Late Mohd Hussain Sab ...
2023 Latest Caselaw 9557 Kant

Karnataka High Court

Shah Sajid Mohiuddin Quadri vs Abdul Majeed S/O Late Mohd Hussain Sab ... on 6 December, 2023

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                                                       NC: 2023:KHC-K:9053
                                                           RSA No. 200313 of 2022




                                 IN THE HIGH COURT OF KARNATAKA
                                        KALABURAGI BENCH

                             DATED THIS THE 6TH DAY OF DECEMBER, 2023

                                              BEFORE

                                 THE HON'BLE MRS JUSTICE M G UMA

                           REGULAR SECOND APPEAL NO.200313 OF 2022
                                         (DEC/INJ)

                      BETWEEN:

                      SHAH SAJID MOHIUDDIN QUADRI
                      S/O LATE SHAH SAFDAR QUADRI,
                      AGE: 44 YEARS, OCC: BUSINESS,
                      H.NO. 5-2-149, GOLE KHANA,
                      BIDAR-585401.

                                                                     ...APPELLANT
                      (BY SRI MANURE ASHOK KUMAR, ADVOCATE)

                      AND:

                      1.   ABDUL MAJEED
                           S/O LATE MOHD HUSSAIN SAB
Digitally signed by        AGE: 54 YEARS, OCC: BUSINESS,
SWETA KULKARNI             H.NO. 7-3-115, DARGA PURA,
Location: HIGH
COURT OF                   BIDAR-585401.
KARNATAKA

                           SALEEMA BEGUM W/O MOHD HUSSAIN
                           DIED BY LR'S.

                      2.   GOUSIYA BEGUM W/O FAHEEMUDDIN,
                           AGE: 74 YEARS, OCC: HOUSE HOLD,
                           H.NO.7-3-115, DARGAH PURA,
                           BIDAR-585401.

                      3.   MOHAMMED PASHA
                           S/O LATE MOHAMMED HUSSAIN
                           AGE: 71 YEARS, OCC: RETD. GOVT. SERVANT,
                                      -2-
                                            NC: 2023:KHC-K:9053
                                             RSA No. 200313 of 2022




     H.NO.7-3-115, DARGAH PURA,
     BIDAR-585401.

4.   ABDUL MAJEED
     S/O LATE MOHAMMED HUSSAIN
     AGE: 62 YEARS, OCC: BUSINESS,
     H.NO.7-3-115, DARGAH PURA,
     BIDAR-585401.

5.   ABDUL SAMAD
     S/O MOHAMMED HUSSAIN
     AGE: 56 YEARS, OCC: BUSINESS,
     H.NO.7-3-115, DARGAH PURA,
     BIDAR-585401.
                                                         ...RESPONDENTS

     THIS RSA IS FILED U/S 100 OF CPC, PRAYING TO ALLOW
THE APPEAL AND 1ST APPELLATE COURT JUDGMENT i.e., R.A.
39/2015 MAY BE SET ASIDE AND THE O.S. NO. 118/2011 IS
TO BE RETAINED.

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

                               JUDGMENT

Counsel for the appellant is absent. No representation.

The appeal is of the year 2022. The matter is listed for

the sixth time for compliance of office objections. The order

dated 07.11.2023 reads as under:

"Learned counsel for the appellant is absent. No

representation even though the matter is passed over

twice.

The matter is being listed for 5th time for compliance of office objections.

NC: 2023:KHC-K:9053

I do not find any reason to adjourn the matter. However, to afford final opportunity, list the matter on 06.12.2023 for compliance of office objections."

Inspite of that, there is non-compliance of the office

objections. The appellants are not interested to prosecute the

appeal. Hence, the appeal is dismissed for non-compliance of

office objections.

Sd/-

JUDGE

SWK CT-VD