Karnataka High Court
Smt Zaheera Bi vs Mohammed Hayath Sab Dead By Lrs Smt ... on 6 October, 2023
Bench: R. Nataraj
-1-
NC: 2023:KHC:36354
RP No. 502 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
REVIEW PETITION NO. 502 OF 2022
BETWEEN:
SMT. ZAHEERA BI
W/O NISAR AHMED,
SINCE DEAD BY HER LRs.
OTHER APPELLANTS
NISAR AHMED-LR(a)
SINCE DECEASED BY HIS LRs.
1. SMT. MUSTARI
AGED ABOUT 58 YEARS,
W/O LATE NISAR AHAMED,
2. SRI. GULAM HUSSAIN
AGED ABOUT 57 YEARS,
S/O LATE MOHD. KHALANDAR SAB,
3. SRI MOHAMMED SULTHAN
AGED ABOUT 52 YEARS,
Digitally
signed by S/O LATE MOHD. KHALANDAR SAB,
SUMA
Location: 4. SRI MOHAMMED YOUSUF
HIGH
COURT OF AGED ABOUT 46 YEARS,
KARNATAKA
S/O LATE MOHD. KHALANDAR SAB,
5. SRI MOHAMMED FAROOQ
AGED ABOUT 44 YEARS,
S/O LATE MOHD. KHALANDAR SAB,
APPELLANT NOS.1 TO 5 ARE
R/AT C.T ROAD, KUMBAR STREET,
CHIKKAMGALUR DISTRICT-577101
...PETITIONERS
(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE (ABSENT))
-2-
NC: 2023:KHC:36354
RP No. 502 of 2022
AND:
1. MOHAMMED HAYATH SAB
DEAD BY LRs.
1(a). SMT. NACEEMUNNISA
AGED ABOUT 70 YEARS,
W/O LATE MOHAMMED HAYATH SAB
1(b). MOHAMMED HAFEEZ
AGED ABOUT 50 YEARS,
S/O LATE MOHAMMED HAYATH SAB
1(c). MOHAMMED ANEES
AGED ABOUT 48 YEARS,
S/O LATE LATE MOHAMMED HAYATH SAB
1(d). MOHAMMED SAHEEB
AGED ABOUT 45 YEARS,
S/O LATE LATE MOHAMMED HAYATH SAB
1(e). MOHAMMED KHADER
AGED ABOUT 50 YEARS,
S/O LATE MOHAMMED HAYATH SAB
ALL ARE R/O BESIDE YASHODAMMA NAGATI
HIGH SCHOOL, M.G.ROAD, TARIKERE,
CHICKMAGALUR DISTRICT-522778.
ABDUL REHMAN
S/O JONAMMED YUSUF SAB,
SINCE DECEASED BY HIS LR.
SMT. AKTHARUNNISA-LR(a)
W/O LATE ABDUL REHMAN,
SINCE DEAD BY LR (b)
BEING ON RECORD THERE IS SUFFICIENT
REPRESENTATION FOR THE ESTATE OF
RESPONDENT NO.2
2. AMANULLA
AGED ABOUT 46 YEARS,
S/O LATE ABDUL REHAMAN,
R/AT 10TH CROSS, B.H ROAD,
-3-
NC: 2023:KHC:36354
RP No. 502 of 2022
BHADRAVATHI,
SHIMOGA DISTRICT-577201
MOHAMMED GHOUSE,
SINCE DECEASED BY HIS LR.
3. SMT. NAJMATHUNNISSA
AGED ABOUT 71 YEARS,
W/O LATE MOHAMMED GHOUSE,
4. MOHAMMED AHAMAD
AGED ABOUT 54 YEARS,
S/O LATE MOHAMMED GHOUSE,
5. MOHAMMED MUNNIR
AGED ABOUT 51 YEARS,
S/O LATE MOHAMMED GHOUSE
6. MOHAMMED FIAZ
AGED ABOUT 48 YEARS,
S/O LATE MOHAMMED GHOUSE
7. MOHAMMED ATHEEK
AGED ABOUT 44 YEARS,
S/O LATE MOHAMMED GHOUSE
RESPONDENT NOS.3 TO 7 ARE
R/O TALUSI VILLAGE PRIMARY AND
MIDDLE SCHOOL,
DAVANGERE TALUK AND DIST.-577001
8. NAZEER HUSSAIN @ NAZEER AHMED,
DEAD BY LRs.
8(a) SMT. SHARFUNNISA,
AGED ABOUT 60 YEARS,
W/O LATE NAZEER HUSSAIN,
8(b) MOHAMMED SANI
AGED ABOUT 43 YEARS,
S/O LATE NAZEER HUSSAIN,
8(c) MOHAMMED ZABI,
AGED ABOUT 43 YEARS,
S/O LATE NAZEER HUSSAIN,
-4-
NC: 2023:KHC:36354
RP No. 502 of 2022
8(d) MOHAMMED IQBAL
AGED ABOUT 41 YEARS,
S/O LATE NAZEER HUSSAIN,
8(e) MOHAMMED SALEEM,
AGED ABOUT 38 YEARS,
S/O LATE NAZEER HUSSAIN,
8(f) SMT. NAZIMA
AGED ABOUT 36 YEARS,
D/O LATE NAZEER HUSSAIN,
RESPONDENTS 8(a) TO 8(f)
ARE R/O OLD SANTE MAIDANA,
(BUTHANA GUDI), 4TH CROSS,
BHADRAVATI TOWN,
SHIMOGA DISTRICT-577201.
9. SMT. HAFEEZABI
DEAD BY LRs.
9(a). FAYAZ AHMED,
AGED ABOUT 58 YEARS,
S/O LATE ABDUL HAMMED SAB
9(b). MRS. AFSARI
AGED ABOUT 50 YEARS,
D/O LATE ABDUL HAMMED SAB
9(c). MRS.
AGED ABOUT 45 YEARS,
D/O LATE ABDUL HAMEED SAB
W/O PECRUDE
RESPONDENT NOS.9(a) TO 9(c) ARE
R/O TARIKERE ROAD,
OPP. DURGA HOSPITAL,
TARIKERE ROAD,
BHADRAVATI, SHIMOGA DISTRICT.
10. SMT. RAJAMMA
DEAD BY LRs.
RESPONDENT No.10 IS DEAD.
TREAT R-11 TO R-14 AS LRs. OF
DECEASED R-10,
-5-
NC: 2023:KHC:36354
RP No. 502 of 2022
11 . LOKNATH
AGED ABOUT 40 YEARS,
S/O LATE SWAMIKANNA @ SWAMINATHAN,
12 . ASHOK
AGED ABOUT 38 YEARS,
S/O LATE SWAMIKANNA @ SWAMINATHAN,
13 . NARAYAN
AGED ABOUT 36 YEARS,
S/O LATE SWAMIKANNA @ SWAMINATHAN,
14 . SRI SHAILESH
AGED ABOUT 34 YEARS,
S/O LATE SWAMIKANNA @ SWAMINATHAN
RESPONDENT NO.11 TO 14 ARE
R/O GOWLIGERE STREET,
B.H.ROAD, BHADRAVATHI-577301.
15 . SMT. SUNITHAMMA
AGED ABOUT 45 YEARS,
W/O NAGAPPA
R/O HALE SANTHE MAIDAN,
OLD TOWN, BHADRAVATHI,
SHIMOGA DISTRICT-577 301
16 . SMT. BADAMIBAI
DEAD BY LRs.
TREAT R17 TO R19 AS LRs. OF
DECEASED R16
17 . JAVARILAL LONDA
AGED ABOUT 65 YEARS,
S/O LATE PUKAJ LONDA
18 . SHANTILAL LONDA
AGED ABOUT 65 YEARS,
S/O LATE PUKAJ LONDA
19 . RAJENDRAKUMAR LONDA
AGED ABOUT 65 YEARS,
S/O LATE PUKAJ LONDA
RESPONDENT NOS.17 TO 19 ARE
-6-
NC: 2023:KHC:36354
RP No. 502 of 2022
R/O CHANNAGIRI ROAD,
BHADRAVATHI-577301
20 . SMT. SHERFUNNISA
AGED ABOUT 65 YEARS,
W/O NAZIR AHMED,
R/O S.R.ROAD, RAJU CIRCLE,
OLD TOWN, BHADRAVATI TOWN,
BHADRAVATHI-577301
...RESPONDENTS
THIS PETITION IS FILED UNDER ORDER XLVII RULE 1 READ
WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 READ
WITH SECTION 5 OF THE HIGH COURT OF KARNATAKA RULES, 1959,
PRAYING TO REVIEW THE JUDGMENT PASSED BY THIS HON'BLE
COURT IN RSA NO.1250/2011 DATED 04.03.2022 AND FURTHER BE
PLEASED TO RESTORE THE REGULAR SECOND APPEAL FILED BY THE
PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioners though the
case is called twice in the day.
Hence, this petition is dismissed for non-prosecution.
Sd/-
JUDGE
SMA
