Sree Hussain Sab @ Nannu Hussain ... vs Sree Bhahuddin Sab
2023 Latest Caselaw 1579 Kant

                                              -1-
                                                         RSA No. 682 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 24TH DAY OF FEBRUARY, 2023

                                            BEFORE

                              THE HON'BLE MR JUSTICE H.P.SANDESH

                          REGULAR SECOND APPEAL NO.682 OF 2022 (PAR)


                   BETWEEN:

                   1.   SREE HUSSAIN SAB @ NANNU HUSSAIN SAB,
                        S/O RASOL SAB,
                        AGED ABOUT 61 YEARS,
                        R/AT SURENAHALLI VILLAGE,
                        C.N. DURGA HOBLI,
                        KORATAGERE TALUK,
                        KOARATAGERE - 572 129,
                        TUMKUR DISTRICT.

                   2.   SREE IMAM SAB,
                        S/O RASOL SAB,
                        AGED ABOUT 71 YEARS,
                        R/AT SURENAHALLI VILLAGE,
Digitally signed        C.N. DURGA HOBLI,
by SHARANYA T           KORATAGERE TALUK,
Location: HIGH          KORATAGERE - 572 129,
COURT OF
KARNATAKA               TUMKUR DISTRICT.
                                                               ...APPELLANTS

                                 (BY SRI KAMARAJU, ADVOCATE)

                   AND:

                   1.   SREE BHAHUDDIN SAB,
                        S/O RASOL SAB,
                        R/A SURENAHALLI VILLAGE,
                        C.N. DURGA HOBLI,
                        KORATAGERE TALUK.
                        KORATAGERE - 572 129.
                        TUMKUR DISTRICT.
                           -2-
                                    RSA No. 682 of 2022




2.   SMT. BHANUBI,
     S/O RASOL SAB,
     AGED 67 YEARS,
     R/A SURENAHALLI VILLAGE,
     C.N. DURGA HOBLI,
     KORATAGERE TALUK,
     KORATAGERE - 572 129,
     TUMKUR DISTRICT.

3.   SREE HONNAIAH,
     S/O CHIKKA MALLAPPA,
     AGED 64 YEARS,
     R/A SURENAHALLI VILLAGE,
     C.N. DURGA HOBLI,
     KORATAGERE TALUK,
     KORATAGERE - 572 129,
     TUMKUR DISTRICT.

4.   SMT. MUMTAZ BHI,
     D/O JAIBUNNISA,
     SINCE DEAD BY LRS.
     APPELLANTS AND RESPONDENT NOS.1, 2 AND 3
     WHO ARE ALREADY ON RECORD
     AS PER THE COURT ORDER.

                                      ...RESPONDENTS

     THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 31.01.2022
PASSED IN RA.No.114/2011 ON THE FILE OF THE IV
ADDITIONAL DISTRICT JUDGE TUMAKURU, SITTING AT
MADHUGIRI, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 19.04.2011 PASSED IN
OS.No.149/2007 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND JMFC, MADHUGIRI.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                        RSA No. 682 of 2022




                         JUDGMENT

This appeal was filed in the year 2022 and this

Court vide order dated 10.02.2023, granted two weeks

time to comply with the office objections on payment of

cost of Rs.1,000/- payable at the Registry, failing which

to list the matter for dismissal. Inspite of the same, cost

is not paid and the office objections are also not complied

with till date. Hence, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

MD