Karnataka High Court
Smt Fathima Bi vs Smt Maimunnissa on 21 March, 2023
Bench: M G Uma
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RFA No. 2064 of 2010
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
REGULAR FIRST APPEAL NO. 2064 OF 2010 (DEC/POS)
BETWEEN:
SMT. FATHIMA BI,
W/O ABDUL SATHAR
SINCE DECEASED BY HER L.R.
SRI. NAUSHAD PASHA
AGED ABOUT 40 YEARS
R/AT NO.30, 4TH CROSS
VALMIKI NAGAR
MYSORE ROAD,
BANGALORE - 560 026.
...APPELLANT
(BY SRI. RAGHAVENDRA.K, ADVOCATE)
AND:
Digitally signed by
SUNITHA 1. SMT. MAIMUNNISSA
GANGARAJU W/O LATE ABDUL JABBAR
Location: High SINCE DECEASED BY HER LRS
Court Of Karnataka
1.(A) SRI. J.F. AHMED JAN
S/O. ABDUL JABBAR
AGED ABOUT 61 YEARS
NO. 299, 3RD 'B' MAIN 8TH BLOCK
KORAMANGALA
BENGALURU- 560 095.
1(B) SRI. AMJAD PASHA
S/O. ABDUL JABBAR
AGE ABOUT 56 YEARS
NO.13, 5TH CROSS,
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RFA No. 2064 of 2010
LALBAGH FORT ROAD,
DODDAMAVALLI,
BASAVANAGUDI,
BENGALURU- 560 004.
1(C) SRI. ASLAM PASHA
S/O. ABDUL JABBAR
AGED ABOUT 55 YEARS
NO. 9 2ND FLOOR, MUDALAPPA STREET,
DODDAMAVALLI,
BASAVANAGUDI,
BENGALURU- 560004.
1(D) SRI. AKRAM PASHA
S/O. ABDUL JABBAR
AGED ABOUT 53 YEARS
NO. 10/1, 2ND FLOOR, 5TH CROSS,
LALBAGH FORT ROAD,
DODDAMAVALLI,
BASAVANAGUDI,
BENGALURU- 560 004.
1(E) SRI. ABUZAR
S/O, ABDUL JABBAR
AGED ABOUR 52 YEARS
NO. 10/1, 5TH CROSS,
LALBAGH FORT ROAD,
DODDAMAVALLI,
BASAVANAGUDI,
BENGALURU- 560 004.
1(F) SMT. THASEEN TAJ
D/O. ABDUL JABBAR
W/O. SYED AFTAB
AGED ABOUT 51 YEARS
NO. G76, STORE STREET
KALASIPALYAM
BENGALURU- 560 004.
1(G) SMT. THASEEN TAJ KHAN
D/O. ABDUL JABBAR
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RFA No. 2064 of 2010
W/O. ATTALULLA KHAN
AGED ABOUT 49 YEARS
NO. 1/1, 9TH CROSS,
KRISHNAPPA BLOCK,
GANGA NAGAR, R.T. NAGAR
BENGALURU- 560 032.
1(H) SMT. MOHSIN TAJ
D/O. ABDUL JABBAR
W/O. SYED ASFAQ
(SINCE DECEASED BY HER LRS)
1(H)(A) SRI. SYED ASHFAQ
AGED ABOUT 45 YEARS
RESIDING AT NO. 76
STORE STREET, KALASIPALYAM
BENGALURU- 560 002.
1(H)(B) SRI. SYED ARSHAD AHMED
S/O. SYED ASHFAQ
AGED ABOUT 21 YEARS
RESIDING AT NO. 76,
STORE STREET, KALASIPALYAM
BENGALURU- 560 002.
1(H)(C) SYED SAFINA
D/O. SYED ASHFAQ
AGED ABOUT 14 YEARS
RESIDING AT NO. 76
STORE STREET, KALASIPALYAM
BENGALURU- 560 002.
(SINCE MINOR, REPRESENTED
BY HER NEXT FRIEND AND
FATHER /NATURAL GUARDIAN
SRI. SYED ASHFAQ)
1(I) SRI. AZHAR PASHA
S/O. ABDUL JABBAR
AGED ABOUT 46 YEARS
NO. 10/1, 5TH CROSS,
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RFA No. 2064 of 2010
LALBAGH FORT ROAD,
DODDAMAVALLI,
BASAVANAGUDI,
BENGALURU- 560 004.
2. SMT. NOOR JAHAN,
W/O DSTAGIR, MAJOR IN AGE
3. SRI. ABDUL GAFOOR,
MAJOR, S/O ABDUL SATTAR
4. SRI. ABDUL MAJID
MAJOR IN AGE
S/O ABDUL SATTAR
5. SRI. ABDUL KHUDDUS
MAJOR IN AGE
S/O ABDUL SATTAR
RESPONDENT 2-5 ARE ALL
RESIDING AT IN A PORTION OF THE PREMISIES
BEARING NO.30, 4TH CROSS,
VALMIKINAGARMYSORE ROAD,
BANGALORE-560026
...RESPONDENTS
(BY V/O DTD: 03/07/17 APPEAL AGAINST R1 IS
DISMISSED AS ABATED;
V/O DTD: 11/4/2017 SERVICE OF NOTICE
TO R2 AND R4 ARE H/S;
R3 AND R5 SERVED;
SRI. C.N. KAVATH, ADVOCATE FOR LR'S OF R1 (A-I)
THIS RFA IS FILED UNDER MEMORANDUM OF REGULAR
FIRST APPEAL UNDER SEC.96 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED18.8.2010 PASSED IN
O.S.NO.8659/2001 ON THE FILE OF THE XIV ADDL. CITY CIVIL
JUDGE, BANGALORE, (CCH 28), DECREEING THE SUIT FOR
DECLARATION, POSSESSION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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RFA No. 2064 of 2010
JUDGMENT
Learned counsel for the appellant prays for time to
address the arguments.
Learned counsel for the respondents seriously opposes
the move stating that the appeal is devoid of merits. Still the
appellant is dragging on the matter and even mortgaged the
property and obtained huge loan.
The order sheet dated 15.03.2023 reads as under:
"Learned counsel for the appellant prays for
time.
Learned counsel for the respondents opposing
adjournment submits that deliberately the matter is
being dragged on to deny the benefit of decree of
possession passed in favour of the respondents.
Learned counsel for the appellant undertakes
to address his arguments on the next date of
hearing without fail.
His submission is taken on record.
To afford final opportunity, list the matter on
21.03.2023."
RFA No. 2064 of 2010
Inspite of that, learned counsel for the appellant is not
ready to address the arguments.
Hence, the appeal stands dismissed for default i.e.,
for non prosecution.
Sd/-
JUDGE
SKS
