Abdul Rehaman vs Smt Atifa Begum
2023 Latest Caselaw 3555 Kant

                                                -1-
                                                         NC: 2023:KHC:21749-DB
                                                            RFA No. 1758 of 2018




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 21ST DAY OF JUNE, 2023

                                             PRESENT

                            THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

                                                AND

                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                        REGULAR FIRST APPEAL NO. 1758 OF 2018 (PAR)

                   BETWEEN:

                   1.     ABDUL REHAMAN
                          S/O LATE MOHD. ABDULLA
Digitally signed          AGED ABOUT 72 YEARS
by ANUSHA V               R/AT NO. 18/154
                          B.S.A.ROAD
Location: HIGH            BANGALORE-560 001.
COURT OF
KARNATAKA          2.     ABDUL RAHEEM
                          S/O LATE MOHD. ABDULLA
                          AGED ABOUT 70 YEARS
                          R/AT NO. 126
                          2ND FLOOR, SEPPINGS ROAD
                          BANGALORE-560 001.

                   3.     M.A. LATHEEF KHAN
                          HUSBAND OF DECEASED FOUZIA BEGUM
                          AGED ABOUT 82 YEARS

                   4.     L. SAMEENA BANU
                          D/O DECEASED FOUZIA BEGUM
                          AGED ABOUT 52 YEARS,

                   5.     L. NAZIMA BEGUM
                          D/O DECEASED FOUZIA BEGUM
                          AGED ABOUT 51 YEARS

                   6.     TAHIRZA BEGUM
                          D/O DECEASED FOUZIA BEGUM
                          AGED ABOUT 50 YEARS

                   7.     NAUMAN LATHEEF
                          S/O DECEASED FOUZIA BEGUM
                          AGED ABOUT 42 YEARS
                                -2-
                                      NC: 2023:KHC:21749-DB
                                         RFA No. 1758 of 2018




     SL. No. 3 TO 7 ARE R/AT
     NO. 75/3, MAKAN ROAD
     BANGALORE-560 001.

8.   SMT. AMATUL MUQEET
     D/O MOHAMMED ABDULLA
     W/O ABDUL RAHMAN DELVI
     AGED ABOUT 73 YEARS
     R/AT NO. 110, NAGAPPA BLOCK
     MALLESWARAM
     BANGALORE-560 003.                        ...APPELLANTS

(BY SHRI. ILYAS HUSSAIN, ADVOCATE [ABSENT])

AND:

1.   SMT. ATIFA BEGUM
     D/O LATE AKBAR HUSSAIN KHALEEL
     AGED ABOUT 84 YEARS
     R/AT NO. 224, (OLD NO. 115/A)
     NARAYANA PILLAI STREET
     CIVIL STATION
     BENGALURU-560 001.

2.   MOHAMMED ISHAQ @ WASFI
     S/O LATE ABDUL ALEEM @ SAFI
     AGED ABOUT 62 YEARS

3.   MOHAMMED AYUB
     S/O ABDUL ALEEM @ SAFI
     AGED ABOUT 74 YEARS

4.   MOHAMMED SHOAIB
     S/O ABDUL ALEEM @ SAFI
     AGED ABOUT 65 YEARS

     SL. No. 2 TO 4 ARE
     R/AT NO.221, NARAYANAPILLAI STREET
     CIVIL STATION
     BANGALORE-560 001.                       ...RESPONDENTS

      THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION
96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
20.07.2018 PASSED IN O.S.NO.4790/2007 ON THE FILE OF THE
XXII   ADDITIONAL    CITY  CIVIL AND    SESSIONS   JUDGE,
BENGALURU, DISMISSING THE SUIT FOR PARTITION AND
SEPARATE POSSESSION.

      THIS RFA, COMING ON FOR ORDERS, THIS              DAY,
P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
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                                                      NC: 2023:KHC:21749-DB
                                                         RFA No. 1758 of 2018




                               JUDGMENT

This appeal is of the year 2018. Office objections

have not been complied with till today. None appeared

for the appellants on the last date of hearing

and hence, this matter was listed in second list.

Yet, none appears. Appellants do not seem to be

interested in prosecuting this appeal. In the

circumstance, this appeal is dismissed for

non-prosecution.

2. In view of disposal of this appeal, interlocutory

applications, if any, do not survive for consideration

and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV