Smt Bi Bi Ayesha vs Smt Noorunnisa
2023 Latest Caselaw 4778 Kant

                                                  -1-
                                                        NC: 2023:KHC:25660
                                                          MFA No. 1074 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF JULY, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 1074 OF 2022 (CPC)

                   BETWEEN:

                   1.    SMT. BI BI AYESHA
                         D/O. MOHAMMED AJAZ,
                         W/O. IMRAN,
                         AGED ABOUT 40 YEARS
                         R/AT NO.01, 8TH CROSS,
                         SHAMANNA GARDEN,
                         BANGLAORE-560 026.
                                                               ...APPELLANT

                            (BY SRI H.V. RAJARAM, ADVOCATE [ABSENT])

                   AND:

                   1.    SMT. NOORUNNISA
                         W/O. MOHAMMED AJAZ,
Digitally signed
by SHARANYA T            MAJOR,
Location: HIGH           RESIDING AT NO.25/39
COURT OF                 THIRD FLOOR,
KARNATAKA
                         OPP. KOUSAR FUNCTION HALL,
                         9TH MAIN ROAD,
                         PADARAYANAPURA,
                         BANGALORE-560 026.

                   2.    MR. MOHAMMED AYOUB
                         S/O. MOHAMMED AJAZ,
                         MAJOR
                         RESIDING AT NO.25/39
                         THIRD FLOOR,
                         OPP. KOUSAR FUNCTION HALL,
                         9TH MAIN ROAD,
                               -2-
                                     NC: 2023:KHC:25660
                                        MFA No. 1074 of 2022




     PADARAYANAPURA,
     BANGALORE-560 026.

3.   MR. MOHAMED YAQUB
     S/O. MOHAMMED AJAZ,
     MAJOR,
     RESIDING AT NO.25/39
     THIRD FLOOR,
     OPP. KOUSAR FUNCTION HALL,
     9TH MAIN ROAD
     PADARAYANAPURA,
     BANGALORE 560 026.

4.   MR. MOHAMMED AJAZ
     S/O. LATE. ABDUL GHAFAR,
     MAJOR,
     RESIDING AT NO.25/39
     THIRD FLOOR,
     OPP. KOUSAR FUNCTION HALL,
     9TH MAIN ROAD
     PADARAYANAPURA,
     BANGALORE-560 026.
                                              ...RESPONDENTS

     THIS MFA IS FILED U/O.43, RULE 1(r) R/W. SECTION 151
OF CPC, AGAINST THE ORDER DT. 11.01.2022 PASSED ON IA
NO.1 IN O.S.NO.4724/2021 ON THE FILE OF THE XIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY, (CCH-18), REJECTING IA NO.1 FILED U/O.39, RULE 1
AND 2 R/W. SECTION 151 OF CPC.

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

                         JUDGMENT

Learned counsel for the appellant is absent. On the

previous date of occasion on 10.07.2023 also, learned counsel

for the appellant was absent and this Court made it clear that,

NC: 2023:KHC:25660 MFA No. 1074 of 2022

if the learned counsel for the appellant does not appear on the

next of hearing, the appeal will be dismissed for non-

prosecution. Inspite of the same, learned counsel for the

appellant is absent and not showing any interest in pursuing

the matter.

Accordingly, the appeal is dismissed for non-prosecution

in terms of the order dated 10.07.2023.

Sd/-

JUDGE

ST