Syed Afsar Pasha Hussaini And Anr vs Smt S. Vijaya Bai And Anr
2023 Latest Caselaw 8604 Kant

Citation : 2023 Latest Caselaw 8604 Kant
Judgement Date : 27 November, 2023

Karnataka High Court

Syed Afsar Pasha Hussaini And Anr vs Smt S. Vijaya Bai And Anr on 27 November, 2023

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                                                      NC: 2023:KHC-K:8841
                                                       RFA No. 200006 of 2022




                               IN THE HIGH COURT OF KARNATAKA
                                      KALABURAGI BENCH

                         DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                            BEFORE

                              THE HON'BLE MRS JUSTICE M G UMA

                        REGULAR FIRST APPEAL NO.200006 OF 2022 (MOR)

                   BETWEEN:

                   1.    SYED AFSAR PASHA HUSSAINI
                         S/O SYED ASADULLA HUSSAINI,
                         AGE: 55 YEARS,
                         OCCUPATION BUSINESS,
                         R/O MANGALWARPETH,
                         RAICHUR-584101.

                   2.    SYED AMIR PASHA HUSSAINI
                         S/O SYED ASADULLA HUSSAINI
                         AGE 53 YEARS,
                         OCCUPATION BUSINESS,
                         R/O MANGALWARPETH,
                         RAICHUR-584101.
Digitally signed
by SHILPA R                                                ...APPELLANTS
TENIHALLI
Location: HIGH
                   (BY SRI RAMCHANDRA K, AND SRI RAGHAVENDRA R. MUDHOL,
COURT OF            ADVOCATES)
KARNATAKA

                   AND:

                   1.    SMT S. VIJAYA BAI
                         W/O S. OM PRAKASH SULAKA
                         AGE 50 YEARS,
                         OCCUPATION HOUSEHOLD,
                         R/O H.NO.4-7-12
                         MANGALWARPETH
                         SHASHI MAHAL ROAD,
                         RAICHUR-584101.
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                                         NC: 2023:KHC-K:8841
                                          RFA No. 200006 of 2022




2.   SRINIVAS S/O EARANNA
     AGE 50 YEARS,
     OCCUPATION BUSINESS,
     IN MALAGI NO.4-7-12
     MANGALWARPETH,
     SHASHI MAHAL ROAD,
     RAICHUR-584101.

                                                     ...RESPONDENTS

     THIS RFA IS FILED U/S 96 AND ORDER 41 RULE 1 OF
CPC, PRAYING TO (A) CALL FOR THE ENTIRE RECORDS IN
O.S. NO. 81/1992 FROM THE PRL. SENIOR CIVIL JUDGE AT
RAICHUR DATED 25.06.2002 (B) AFTER PURSING THE
RECORDS SET-ASIDE THE FINDINGS AND OBSERVATIONS AS
REGARDS ISSUE O.1 TO 5 AND ADDITIONAL ISSUE NO.1 AND
2, AND CONSEQUENTLY DECREE THE ENTIRE SUIT (C) RANT
COSTS OF THE PROCEEDINGS BOTH THE TRIAL Court BEFORE
HON'BLE HIGH Court.

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

                            JUDGMENT

Learned counsel for the appellants is absent. No

representation.

2. Though office objection with regard to

maintainability of the appeal is raised along with other office

objections, same are not complied with.

3. The order sheet dated 31.01.2023 reads as under;

"None appears for the appellant in the morning session as well as in the afternoon sessions. It is noticed that apart from making submission regarding maintainability of the appeal, the office objections

NC: 2023:KHC-K:8841

have not been complied despite sufficient opportunities being granted. There is no reason to grant further time. As a final chance a week's time is granted subject to the appellant paying cost of Rs.500/- to the Advocates Library Fund, Kalaburagi Bench, making clear that if the cost is not paid and the office objections are not complied before the next date of hearing, further orders will be passed.