Karnataka High Court
Abdul Wajid vs Smt Khairun Bee on 25 July, 2023
Bench: Dr.H.B.Prabhakara Sastry
-1-
NC: 2023:KHC:25832
RFA No. 1556 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 1556 OF 2021 (PAR)
BETWEEN:
ABDUL WAJID
S/O LATE SRI ABDUL WAHAB
AGED ABOUT 41 YEARS
RESIDING AT
NO.243 3RD CROSS
RAHAMATH NAGAR
R T NAGAR POST
BANGALORE - 32
...APPELLANT
(BY SRI. HARIKESH SINGH AND SMT. K. USHA RANI, ADVOCATES)
AND:
1. SMT. KHAIRUN BEE
W/O LATE SRI. ABDUL WAHAB
AGED ABOUT 76 YEARS
Digitally RESIDING AT NO.243
signed by
VEENA 3RD CROSS, RAHAMATH NAGAR
KUMARI B
R T NAGAR POST
Location:
High Court BANGALORE - 560 032
of Karnataka
2. SMT FAYAZUNNISSA
D/O LATE SRI. ABDUL WAHAB
W/O SRI. ABDUL KHALEEL
AGED ABOUT 55 YEARS
RESIDING AT NO.12/1
3RD MAIN, BHUVANESHWARINAGAR
BABUREDDY LAYOUT, MANORAYANAPALYA
BANGALORE - 560 003
-2-
NC: 2023:KHC:25832
RFA No. 1556 of 2021
3. SMT NAZIMA BEGUM
D/O LATE SRI. ABDUL WAHAB
W/O SRI. CHAND PASHA
AGED ABOUT 55 YEARS
R/AT NO.32, VINAYAKANAGAR
HESARGHATTA, BANGALORE
4. SRI ABDUL WAHID
S/O LATE SRI ABDUL WAHAB
AGED ABOUT 43 EYARS
R/AT NO.243, 3RD CROSS
RAHAMTH NAGAR
R.T. NAGAR POST
BANGALORE - 560 032
...RESPONDENTS
(BY SRI. HOSAMANI SHAKEELAHMAD MEERANSAB., ADVOCATE
FOR C/R1 TO R3)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96 OF
CPC., AGAINST THE JUDGMENT DATED 20.01.2021 PASSED IN
OS.NO. 7845/2011 ON THE FILE OF THE VIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING
THE SUIT FOR PARTITION AND SEPARATE POSSESSION.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
None appear either physically or through video
conference.
NC: 2023:KHC:25832
RFA No. 1556 of 2021
2. On 17.07.2023 this Court had made the following
observation:
"Learned counsel Sri. Naushad Pasha and
Sri. H.K. Singh are physically present for the
appellant and made a submission one after
another.
Learned counsel Sri. Naushad Pasha
submitted that due to non-availability of the file
in the pending section he could not comply the
office objections.
While the Court was noticing the
correctness of the said submission and was not
satisfied with the same, the learned counsel
Sri. H.K. Singh made his appearance and
submitted that due to his personal reasons he
was away from the station for about three
weeks, as such could not comply the office
objections. Thus, the learned counsel Sri.
Naushad Pasha has made an attempt to secure
an adjournment by showing a false reason.
Hence, though the appeal could have been
dismissed for noncompliance of the office
objections, in view of the detailed observation
made on 07.07.2023, however considering the
reasons shown by Sri. H.K. Singh as a final
ultimate opportunity a week's time granted to
comply office objection but by imposing a cost
of `1500/- payable by the appellant to the
Legal Services Committee of this Court within
three days from today and filing a compliance
memo along with original receipt in the registry
to that effect within the said time.
In case, if, the office objections are not
complied in toto after paying the cost, registry
to list this matter on 25.07.2023 on which day
the Court may proceed to pass appropriate
orders including dismissal of the appeal for
noncompliance of office objections."
NC: 2023:KHC:25832
RFA No. 1556 of 2021
3. In spite of the same, the appellant has neither
complied the office objections and has not shown any reason
for noncompliance and his nonappearance.
Appeal is of the year 2021 and sufficient opportunities of
not less than five times have already been granted, hence the
appeal stands dismissed for noncompliance of office
objections as well for non-prosecution.
Sd/-
JUDGE
BVK
