G.Louis vs Mohammed Iqbal
2023 Latest Caselaw 8532 Kant

Karnataka High Court

G.Louis vs Mohammed Iqbal on 27 November, 2023

Author: V Srishananda

Bench: V Srishananda

                                           -1-
                                                    NC: 2023:KHC:43478
                                                   RFA No. 188 of 2009




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE V SRISHANANDA
                   REGULAR FIRST APPEAL NO.188 OF 2009 (DEC/INJ)
              BETWEEN:

              1.     G.LOUIS
                     S/O M. GABRIEL
                     AGED ABOUT 40 YEARS

              2.     GABRIEL
                     S/O MARIYAN
                     SINCE DIED BY HIS LEGAL REPRESENTATIVES

              2(a) AROKIA MARY
                   W/O LATE GABRIEL
                   AGED ABOUT 70 YEARS
                   #9/13, RAILWAY QUARTERS
                   BANGALORE CONTONMENT
                   BANGALORE - 560 046.

Digitally     3.     MISS.G.RITA
signed by R          D/O GABRIEL
MANJUNATHA           AGED ABOUT 35 YEARS
Location:
HIGH COURT
OF            4.     MISS.G.SHEELA
KARNATAKA            D/O M.GABRIEL
                     AGED ABOUT 30 YEARS

                     ALL ARE RESIDING AT NO.9/B,
                     RAILWAY QUARTERS,
                     BANGALORE CANTONMENT,
                     BANGALORE-560 046
                                                        ...APPELLANTS
              (BY SRI JAYARAMA V BY NARAYAN ASSOCIATES, ADVOCATES)
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                                       NC: 2023:KHC:43478
                                      RFA No. 188 of 2009




AND:

1.   MOHAMMED IQBAL
     S/O LATE M. ABDUL SUBHAN
     AGED ABOUT 5 YEARS
     NO. 86, ARMSTRONG ROAD
     BANGALORE - 01

2.   SYED ABBAS
     S/O LATE SYED KAREEM
     AGED ABOUT 43 YEARS
     NO.11, 6TH CROSS, D.K.STREET,
     BANGALORE-51

3.   H.RAZWANULLAH SHERRIEF
     S/O N.DASTAGIR SHERRIEF
     NO.20, NEENAKASHI KOIL STREET,
     SHIVAJINAGAR
     BANGALORE-01

4.   SMT.MANJULA
     NO.23, NEW NO.673,
     KARIYANAPALYA,
     KACHARKANAHALLI DAKLE,
     PILLANNA GARDEN, 3RD STAGE,
     BANGALORE NORTH

5.   THE COMMISSIONER
     BDA, KUMARA PARK WEST,
     BANGALORE

6.   P.D.VITTAL RAO
     S/O DHONDOJI RAO
     AGED ABOUT 46 YEARS
     NO.1407, BLOCK B-36,
     II STAGE, AUSTIN TOWN LAYOUT,
     NEELASANDRA,
     BANGALORE-47
                                          ...RESPONDENTS
(R1, R2 AND R3 ARE SERVED;
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                                            NC: 2023:KHC:43478
                                           RFA No. 188 of 2009




VIDE ORDER DATED 16.04.2012-NOTICE TO R4 AND R6 HELD
SUFFICIENT;
VIDE ORDER DATED 04.02.2013 R5 IS DELETED)


     THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 31.10.2008 PASSED IN O.S.NO.7163/2001 ON
THE FILE OF THE IX ADDL. CITY CIVIL AND SESIONS JUDGE,
BANGALORE, DISMISSING THE SUIT FOR DECLARATION,
MANDATORY AND PERMANENT INJUNCTION.

     THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Case called twice. None present on behalf of the

appellants. Paper books are not filed despite granting sufficient

time. Appeal is of the year 2009.

Accordingly, appeal stands dismissed for non prosecution.

Sd/-

JUDGE

MR