Karnataka High Court
Sardar Pasha vs Domnic on 21 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:41780
MFA No. 2058 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2058 OF 2020 (CPC)
BETWEEN:
1. SARDAR PASHA
S/O AKBAR SAB
AGE 60 YEARS
RA/T NO. 40/1, 9TH CROSS
VINAYAKA NAGAR, BENGALURU 560097.
2. FIROZ
S/O. ABDUL SAB
RESIDING AT NO. 58/3
MUTHUKADAHALLI VILLAGE
HESARAGHATTA HOBLI
BENGALURU 560089.
...APPELLANTS
(BY SRI. A KUMARAVEL.,ADVOCATE [ABSENT] )
Digitally signed
by
DHANALAKSHMI AND:
MURTHY
Location: High
Court of 1. DOMNIC
Karnataka S/O. SELVARAJ
R/AT NO. 57, 1ST CROSS
SHARON GLORY COTTAGE
JYOTHI NAGAR,
NEAR SAMBHARAM COLLEGE
VIDYARANUYAPRUA POST
BENGALURU 560097.
2. V C REDDAPPA CHETTY
S/O. LATE. V VENKATARAMAIAH CHETTY
AGED ABOUT 68 YEARS
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NC: 2023:KHC:41780
MFA No. 2058 of 2020
R/AT NO. 259/A, 3RD MAIN
6TH PHASE, 1ST STAGE
WEST OF CHORD ROAD
BENGALURU 560044.
3. SMT. V K RAMA
D/O. V K GOPAL
AGED ABOUT 55 YEARS
R/AT NO. 67/C, 22ND MAIN
3RD BLOCK, 3RD STAGE
BASAVESHWARA NAGARA
BENGALURU 560079.
4. SHAIK KALEEM
S/O. SHAIK SUBHAN @ SHAIK BABA
AGED ABOUT 41 YEARS
5. RAHAMATHULLA
S/O. ABDUL KAREEM
AGED ABOUT 41 YEARS
6. MRS. NAJMUNNISA
D/O. LATE. ABDUL KARIM
AGED ABOUT 40 YEARS.
7. MRS. KHAMAR TAJ
D/O. LATE. ABDUL KARIM
AGED ABOUT 39 YEARS
8. MRS. MUMTAZ BEGUM
D/O. LATE. ABDUL KARIM
AGED ABOUT 36 YEARS
R4 TO R8 ARE R/AT JAMIA MASJID ROAD
MS PALYA, VIDYARANYAPRUA POST
BENGALURU 560007.
9. SAI NAGAR PHASE -2 RESIDENTS
WELFARE ASSOCIATION
NO. 171, 1ST MAIN
SAINAGAR PHASE -2
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NC: 2023:KHC:41780
MFA No. 2058 of 2020
OPP SAMBRAM COLLEGE
VIDYARANAYAPURA POST
BENGALURU 560097.
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATD: 07.12.2019 PASSED ON IA
NO.1 AND 2 IN O.S.NO.7489/2019 ON THE FILE OF THE XXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-36), DISPOSING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF
CPC, AND DISPOSING IA NO.2 FILED U/O.39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. None appears for the appellants.
2. In this appeal, the appellants are challenging the
status-quo order passed by the trial Court on 07.12.2019
and the said order is operating till today.
3. As per the trial Court records, the suit filed by the
plaintiffs before the trial Court is now set down for
evidence of the parties.
4. Today, when the matter was called in the morning
session, none appeared for the appellants. Even in the
NC: 2023:KHC:41780
afternoon session also there is no representation on behalf
of the appellants.
5. It appears that the appellants are not interested in
prosecuting the appeal. Accordingly, the appeal is
dismissed for non-prosecution.
6. All pending applications do not survive for
consideration and the same are also disposed of.
Sd/-
JUDGE
HA
