Karnataka High Court
Mr Mohammed Ibrahim vs Mr Mohammed Nazeer on 17 July, 2023
Bench: Dr.H.B.Prabhakara Sastry
-1-
NC: 2023:KHC:25029
RFA No. 748 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 748 OF 2017 (PAR)
BETWEEN:
1. MR MOHAMMED IBRAHIM
SON OF LATE MD.MOOSA
AGED ABOUT 78 YEARS
2. MR KHALID AHMED
SON OF MOHAMMED IBRAHIM
AGED ABOUT 47 YEARS
3. MR MOHAMMED KHASIM E
SON OF MOHAMMED IBRAHIM
AGED ABOUT 43 YEARS
4. MR JAVEED AHMED E
SON OF MOHAMMED IBRAHIM
AGED ABOUT 40 YEARS
Digitally
signed by
VEENA
ALL ARE RESIDING AT NO.131
KUMARI B
Location:
ARMSTRONG ROAD
High Court
of Karnataka BANGALORE-560 001
...APPELLANTS
(BY SRI. K. SRIKANTH, ADVOCATE FOR SRI. DEVENDRA GOWDA R
R., ADVOCATE)
AND:
1. MR MOHAMMED NAZEER AHMED
SON OF LATE MD.MOOSA
AGED ABOUT 69 YEARS
RESIDING AT NO.47
2ND FLOOR M K PALYA
-2-
NC: 2023:KHC:25029
RFA No. 748 of 2017
BEHIND EVEREST THEATRE
FRAZER TOWN
BANGALORE-560 005
2. MR MOHAMMED BASHEER AHMED
SON OF LATE MD. MOOSA
AGED ABOUT 68 YEARS
RESIDING AT NO.15/1
2ND FLOOR 4TH MAIN
2ND CROSS NEAR PANDURANGA TEMPLE
ADI KABIR ASHRAM ROAD
R T NAGAR POST
BANGALORE-560 032
3. MR MOHAMMED AYUB
SON OF LATE MD. MOOSA
(SINCE DECEASED BY HIS LRS)
3(A) MRS NORRUNNISSA
WIFE OF LATE MOHAMMED AYUB
AGED ABOUT 53 YEARS
3(B) MISS GAZALA
D/O LATE MOHAMMED AYUB
AGED ABOUT 25 YEARS
3(C) MR TAMEEM AHMED
SON OF LATE MOHAMMED AYUB
AGED ABOUT 23 YEARS
3(D) KUM MADIHA
DAUGHTER OF LATE MOHAMMED AYUB
AGED ABOUT 16 YEARS
SINCE MINOR
RERPESENTED BY HER MOTHER
-3-
NC: 2023:KHC:25029
RFA No. 748 of 2017
AND NATURAL GUARDIAN MRS NOORUNNISSA
THE RESPONDENTS NO.3(A) TO 3(D) HEREIN
RESIDING AT NO.107
UNDRIA STREET
CHOWKI MOHALLA
MUMBAI
4. MR MOHAMMED RAFIQ AHMED
SON OF LATE MD. MOOSA,
AGED ABOUT 59 YEARS
RESIDING AT NO.107
UNDRIA STREET
CHOWKI MOHALLA
MUMBAI
5. MRS RAHMATHUNNISA
WIFE OF MR ABDUL SATTAR
AGED ABOUT 85 YEARS
RESIDING AT NO.1
CENTRAL STREET
NEELASANDRA
BANGALORE-560 045
6. MRS HABEEBUNNISA
WIFE OF LATE ABDUL HAFEEZ
AGED ABOUT 74 YEARS
RESIDING AT NO.57
4TH MAIN, NEW BANGALORE LAYOUT
ST.THOMAS TOWN (POST)
LINGARAJAPURAM
BANGALORE-560 084
-4-
NC: 2023:KHC:25029
RFA No. 748 of 2017
7. MR HAKIM ISMAIL SHARIEFF
SON OF MR MD. HAKEEM SHARIEFF
AGED ABOUT 93 YEARS
8. MRS SALMA TABASSUM
SON OF MR MD. HAKEEM ISMAIL SHARIEFF
AGED ABOUT 53 YEARS
9. MRS ASMA TABASSUM
D/O MD.HAKEEM ISMAIL SHARIEFF
AGED ABOUT 56 YEARS
10. MRS SUHAIL AHMED SHARIEFF
S/O MD.HAKEEM ISMAIL SHARIEFF
AGED ABOUT 48 YEARS
11. MRS LUBNA TABASSUM
D/O MD.HAKEEM ISMAIL SHARIEFF
AGED ABOUT 47 YEARS
12. MR. SHAKEEL AHMD SHARIEFF,
SON OF MD. HAKEEM ISMAIL SHARIEFF
AGED ABOUT 44 YEARS,
13. MRS RAZIA BANU
DAUGHTER MD.HAKEEM ISMAIL SHARIEFF
AGED ABOUT 42 YEARS
RESPONDENTS NO. 7 TO 13 ARE
RESIDING AT NO.97
ARUNACHALAM MUDALIAR ROAD
CIVIL STATION, BANGALORE-560 051
...RESPONDENTS
(BY SRI. N VASUDEVAN., ADVOCATE FOR R1 AND R2)
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NC: 2023:KHC:25029
RFA No. 748 of 2017
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.41 RULE
1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 16.4.2016 PASSED IN OS NO.15457/2004 ON THE FILE OF
THE XXVIII ADDL. CITY CIVIL JUDGE, MAYOHALL, BANGALORE
PARTLY DECREEING THE SUIT FOR DECLARATION AND SEPARATE
POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellants neither present
physically nor through video conference. No reasons are
forthcoming for his non-appearance.
2. In spite of ordering issuance of notice as long back
as on 23.12.2019 the appellants have not ensured the service
of notice upon several of the respondents and are yet to be
served. Hence, it is to be inferred that appellant is not
interested in prosecuting the appeal.
As such, appeal stands dismissed for not taking steps, as
well as for non-prosecution.
Sd/-
JUDGE
