Sri Syed Ahamed vs Smt. Narayani
2023 Latest Caselaw 8541 Kant

Karnataka High Court

Sri Syed Ahamed vs Smt. Narayani on 27 November, 2023

                                        -1-
                                                      NC: 2023:KHC:42723
                                                   RSA No. 289 of 2016




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                     BEFORE
            THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                  REGULAR SECOND APPEAL NO. 289 OF 2016 (SP)
            BETWEEN:

                  SRI. SYED AHAMED
                  S/O SYED BASHA,
                  AGED ABOUT 45 YEARS,
                  R/AT RAJEEV GANDHI NAGARA,
                  "B" BLOCK, MELEKOTE POST, TUMKUR.

                  REPRESENTED BY HIS GPA HOLDER,
                  SRI. MAHABOOB JAN,
                  S/O. LATE ABDUL MATEEN,
                  AGED ABOUT 58 YEARS,
                  R/AT 12TH CROSS, P.H. COLONY,
                  TUMKUR TOWN-572102.
                                                            ...APPELLANT
Digitally   (BY SRI. SYED AHAMED - APPELLANT)
signed by
ALBHAGYA    AND:
Location:
HIGH
COURT OF    1.    SMT. NARAYANI
KARNATAKA         W/O. K. GOPALAKRISHNA,
                  AGED ABOUT 61 YEARS,
                  MADIYAAN VILLAGE, AJANOOR PANCHAYATH,
                  HOSADURGA TALUK, KASARAGODU DISTRICT,
                  KERALA STATE-680656.

            2.    SRI. K. NAYAZ AHAMED
                  AGED ABOUT 40 YEARS,
                  S/O. LATE ABDUL KHARIM SAB,
                            -2-
                                       NC: 2023:KHC:42723
                                      RSA No. 289 of 2016




    R/AT RAJEEV GANDHI NAGARA, "B" BLOCK,
    MELEKOTE POST, TUMKUR-5782101.
                                        ...RESPONDENTS
(BY SRI.P.NARAYANAPPA, ADVOCATE FOR R2)

     THIS RSA IS FILED U/S. 100 OF CPC 1908, AGAINST THE
JUDGEMENT & DECREE DTD: 16.12.2015 PASSED IN
R.A.NO.5002/2015 ON THE FILE OF THE IV ADDL. DISTRICT
JUDGE, MADHUGIRI., ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGEMENT AND DECREE DTD: 29.01.2015
PASSED IN OS.NO.61/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE & JMFC., AT MADHUGIRI.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The captioned second appeal is filed by the plaintiff

questioning the divergent findings of the Courts below.

This appeal is pending consideration since 2016. The

counsel on record has also retired on the ground that the

appellant has not come forward to give instructions in the

matter. The memo for retirement was accepted by this

Court and registry was directed to print the name of the

appellants. This matter was listed on 20.1.2023 and was

adjourned to enable the appellant to engage a counsel.

Even on 20.1.2023, there was no representation. Even

today, there is no representation. The appellant has not

NC: 2023:KHC:42723

taken any steps to engage a lawyer. It seems, appellant

is not interested in prosecuting the appeal.

2. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

ALB