Karnataka High Court
Mohammed Jaffer S/O Late Abdul Sattar vs Abdul Khan on 24 November, 2023
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 116 OF 2012 (DEC)
C/W
REGULAR SECOND APPEAL NO. 117 OF 2012
IN RSA No.116 OF 2012
BETWEEN:
1. MOHAMMED JAFFER
S/O LATE ABDUL SATTAR
AGED ABOUT 52 YEARS
2. KAMRUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 50 YEARS
Digitally 3. SALIMABI
signed by R S/O LATE ABDUL SATTAR
DEEPA AGED ABOUT 48 YEARS
Location: High
Court of 4. FAMIDA
Karnataka S/O LATE ABDUL SATTAR
AGED ABOUT 46 YEARS
5. KHATIZ
S/O LATE ABDUL SATTAR
AGED ABOUT 40 YEARS
6. SIGHBATHULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 48 YEARS
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
7. AJAMABI
SINCE DEAD BY LRS
ANSAR W/O LATE AZAMA
S/O BABBJAM
AGED ABOUT 43 YEARS
R/AT MADRI PALYA, 2ND CROSS
SHIMOGA-577201
8. MUSSABER
S/O ANSAR AND LATE AZAMA
AGED 17 YEARS,
MINOR, REP. BY NEXT FRIEND
NATURAL GUARDIAN, ANSAR H/O LATE AZAMA
S/O BABAJAN, AGED 43 YEARS
R/AT MADRI PALYA, 2ND CROSS
SHIVAMOGGA-577201
9. SAYADA
S/O ANSAR AND LATE AZAMA
AGED 15 YEARS,
MINOR, REP. BY NEXT FRIEND
NATURAL GUARDIAN, ANSAR H/O LATE AZAMA
S/O, BABAJAN, AGED 43 YEARS
R/AT MADRI PALYA, 2ND CROSS
SHIVAMOGGA-577201
10. JAIBUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 36 YEARS
11. ASADULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 33 YEARS
12. MASADULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 32 YEARS
APPELLANTS No.1 TO 10 ARE
S/O LATE ABDUL SATTAR,
AGRICULTURIST
R/O KADEAKALLU VILLAGE,
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
NIDIGE 2ND HOBLI
SHIMOGA TALUK
SHIVAMOGGA DISTRICT-577 201
13. KAIRUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 77 YEARS
R/AT KADEKALLANIDIGE HOBLI,
2ND CIRCLE
SHIMOGA TALUK
SHIVAMOGGA DISTRICT-577 201
(DELETED VIDE COURT ORDER DATED 13.08.2012)
...APPELLANTS
[BY SRI. R.A. DEV ANAND, ADVOCATE (ABSENT)]
AND:
1. ABDUL KHAN
S/O LATE SATTAR KHAN
AGED ABOUT 57 YEARS
AGRICULTURIST
2. SMT. BALKIZA KHANUM
W/O ABDUL KHAN
AGED ABOUT 54 YEARS
AGRICULTURIST
BOTH ARE R/O KADEKALLA VILLAGE
NIDIGE 2ND HOBLI, SHIMOGA TALUK,
SHIVAMOGGA DISTRICT-577201
...RESPONDENTS
(BY SRI. S V PRAKASH, ADVOCATE FOR R1 & R2.
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.6.2011 PASSED IN
R.A.NO.69/2006 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, SHIMOGA, DISMISSING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
27.3.2006 PASSED IN O.S.NO.189/2001 ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN) SHIVAMOGGA.
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
IN RSA No.117 OF 2012
BETWEEN:
1. MOHAMMED JAFFER
S/O LATE ABDUL SATTAR
AGED ABOUT 52 YEARS
2. KAMRUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 50 YEARS
3. SALIMABI
S/O LATE ABDUL SATTAR
AGED ABOUT 48 YEARS
4. FAMIDA
S/O LATE ABDUL SATTAR
AGED ABOUT 46 YEARS
5. KHATIZ
S/O LATE ABDUL SATTAR
AGED ABOUT 40 YEARS
6. SIGHBATHULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 48 YEARS
7. AJAMABI
SINCE DEAD BY LRS
ANSAR W/O LATE AZAMA
S/O BABBJAM
AGED ABOUT 43 YEARS
R/AT MADRI PALYA, 2ND CROSS
SHIMOGA-577201
8. MUSSABER
S/O ANSAR AND LATE AZAMA
AGED 17 YEARS,
MINOR, REP. BY NEXT FRIEND
NATURAL GUARDIAN, ANSAR H/O LATE AZAMA
S/O BABAJAN, AGED 43 YEARS
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
R/AT MADRI PALYA, 2ND CROSS
SHIVAMOGGA-577201
9. SAYADA
S/O ANSAR AND LATE AZAMA
AGED 15 YEARS,
MINOR, REP. BY NEXT FRIEND
NATURAL GUARDIAN, ANSAR H/O LATE AZAMA
S/O, BABAJAN, AGED 43 YEARS
R/AT MADRI PALYA, 2ND CROSS
SHIVAMOGGA-577201
10. JAIBUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 36 YEARS
11. ASADULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 33 YEARS
12. MASADULLA
S/O LATE ABDUL SATTAR
AGED ABOUT 32 YEARS
APPELLANTS No.1 TO 10 ARE
S/O LATE ABDUL SATTAR,
AGRICULTURIST
R/O KADEAKALLU VILLAGE,
NIDIGE 2ND HOBLI
SHIMOGA TALUK
SHIVAMOGGA DISTRICT-577 201
13. KAIRUNNISA
S/O LATE ABDUL SATTAR
AGED ABOUT 77 YEARS
R/AT KADEKALLANIDIGE HOBLI,
2ND CIRCLE, SHIMOGA TALUK
SHIVAMOGGA DISTRICT-577 201
(DELETED VIDE COURT ORDER DATED 13.08.2012)
...APPELLANTS
[BY SRI. R.A. DEV ANAND, ADVOCATE (ABSENT)]
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NC: 2023:KHC:42499
RSA No. 116 of 2012
C/W RSA No. 117 of 2012
AND:
1. ABDUL KHAN
S/O LATE SATTAR KHAN
AGED ABOUT 57 YEARS
AGRICULTURIST
2. SMT. BALKIZA KHANUM
W/O ABDUL KHAN
AGED ABOUT 54 YEARS
AGRICULTURIST
BOTH ARE R/O KADEKALLA VILLAGE
NIDIGE 2ND HOBLI, SHIMOGA TALUK,
SHIVAMOGGA DISTRICT-577201
...RESPONDENTS
(BY SRI. S V PRAKASH, ADVOCATE FOR R1 & R2)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 28.6.2011 PASSED IN
R.A.NO.130/2009 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT, SHIMOGA, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
27.3.2006 PASSED IN O.S.NO.189/2001 ON THE FILE OF THE
PRL. CIVIL JUDGE (JR.DN) SHIVAMOGGA.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellants. As on several
occasions, the appellants sought for time, the matters
were adjourned at the request of learned counsel for the
NC: 2023:KHC:42499
appellants. Today also, case called twice. None appears
for the appellants. As the appeals are of the year 2012, it
seems that the appellants are not interested in
prosecuting the appeals. Accordingly, the appeals are
dismissed for non-prosecution.
Sd/-
JUDGE
RD
