Sri R Saheb Khan vs The Vibuthikere Grama Panchayath
2023 Latest Caselaw 900 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2023

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

              R.S.A.NO.530/2018 (DEC/INJ)

BETWEEN:

     SRI R. SAHEB KHAN
     S/O. LATE. RASOOL KHAN,
     SINCE DEAD REPRESENTED BY
     HIS LEGAL REPRESENTATIVES,

1.   SMT. JEEVAN SAHEBA BIBI,
     W/O. RASUL KHAN,
     AGED ABOUT 64 YEARS

     SRI. S MUSTAFA KHAN
     S/O. LATE RASUL SAHIB KHAN
     (DECEASED NOW AND HIS LR'S ARE ON RECORD)

2.   SMT. FATHIMA BIBI
     W/O. LATE IMAM KHAN,
     AGED ABOUT 44 YEARS

3.   SRI. MOHAMED KHAN
     S/O. RASUL SAHIB KHAN,
     AGED ABOUT 44 YEARS

4.   SRI. RASUL KHAN
     S/O. LATE RASUL SAHEB KHAN,
     AGED ABOUT 40 YEARS

     APPELLANTS 1 TO 3 ARE
     RESIDING AT NO.1586,
     THATTEKERE ROAD,
     CHANNAPATNA TOWN-562 160.
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5.   SMT. ANWARI BIBI
     D/O. LATE RASUL SAHIB KHAN,
     AGED ABOUT 52 YEARS
     RESIDING AT NO.7033,
     ASIMIYA MOHALA,
     FARHA HOSPITAL ROAD,
     CHANNAPATNA TOWN-562 160.

6.   SMT. MOOSA BIBI
     W/O. MUMTAZ,
     AGED ABOUT 50 YEARS
     D/O. LATE. RASUL SAHIB KHAN,
     R/AT NO.615, BILAL NAGAR,
     CHANNAPATNA TOWN-562 160.

7.   SRI. S.MEER KHAN
     D/O. LATE RASUL SAHIB KHAN,
     AGED ABOUT 54 YEARS
     R/AT NO.704, ABDIPURA MOHALLA,
     CHANNAPATNA TOWN-562 160.

     SMT. CHAND BIBI
     D/O. LATE RASUL SAHEB KHAN
     (SINCE DECEASED HER LRs
     ARE THE OTHER LRs OF DECEASED
     RASUL SAHEB KHAN),

8.   SMT. FATHIMA BIBI
     W/O. AKRAM PASHA
     AGED ABOUT 32 YEARS,
     D/O. LATE RASUL SAHEB KHAN,
     R/AT NO.50, AHMAD NAGAR,
     SATHNUR ROAD,
     CHANNAPATNA-562 160.

9.   SMT. FARIDHA BIBI
     W/O. SYED NOORULLA,
     D/O. LATE RASUL SAHEB KHAN,
     AGED ABOUT 30 YEARS
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       R/AT BILAL NAGAR,
       CHANNAPATNA TOWN-562 160.

10 . SMT. SAI BIBI
     W/O. ALI JAAN,
     D/O. LATE. RASUL SAHEB KHAN,
     AGED ABOUT 28 YEARS
     R/AT SRP ROAD, BANNUR,
     T. NARASIPURA TALUK,
     MYSURU DISTRICT-571 101.

11 . SMT. RABIYA BIBI
     D/O. LATE. RASUL SAHEB KHAN,
     AGED ABOUT 26 YEARS

12 . SRI. S. IBRAHIM
     S/O. LATE RASUL SAHEB KHAN,

13 . SMT. PEERAMBIBI
     D/O. LATE. RASUL SAHEB KHAN,
     AGED ABOUT 22 YEARS

       APPELLANTS 11 TO 13 ARE
       RESIDING AT NO.1586,
       THATTEKERE ROAD,
       CHANNAPATNA TOWN-562 160.
                                           ... APPELLANTS

           [BY SRI SUBBA SHASTRY N., ADVOCATE]
AND:

1.     THE VIBUTHIKERE GRAMA PANCHAYATH
       VIBUTHIKERE VILLAGE,
       KYLANCHA HOBLI,
       RAMANAGAR TALUK,
       BY ITS PRESIDENT/ SECRETARY,
       NOW BY PANCHAYATH DEVELOPMENT OFFICER
       RAMANAGARA-562 159.
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2.   THE TALUK PANCHAYAT
     RAMANAGARA TALUK,
     BY ITS EXECUTIVE OFFICER
     RAMANAGARA-562 159.

                                                    ... RESPONDENTS

     THIS R.S.A IS FILED UNDER SECTION 100 OF CPC, 1908
AGAINST THE JUDGEMENT AND DECREE DATED 22.07.2017
PASSED IN R.A.NO.12/2013 ON THE FILE OF THE ADDL. SENIOR
CIVIL JUDGE, RAMANAGARA, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2012
PASSED IN O.S. NO.9/2005 ON THE FILE OF THE PRL. CIVIL
JUDGE AND JMFC., RAMANAGARA.

    THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

This Court, vide order dated 25.02.2022, as a last chance,

granted one week time to comply with the office objections. It

was also made clear that, if the office objections are not

complied with, the appeal would be dismissed for non-

prosecution. Inspite of the same, till date, the office objections

are not complied with.

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

objections.

Sd/-

JUDGE ST