Karnataka High Court
Sri A K Abdul Naseer vs Abdul Bari on 10 October, 2023
Bench: H.P.Sandesh
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RSA No. 718 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.718 OF 2019 (PAR)
BETWEEN:
1. SRI A.K. ABDUL NASEER
S/O A.K. ABDUL KHALAQ
MAJOR, R/AT NO.44,
DAVIS ROAD,
RICHARDS TOWN,
BANGALORE-560 055.
2. MRS. SAHEEN TAJ
W/O DR.MUKTHAR AHAMED
MAJOR, R/AT NO.44,
DAVIS ROAD,
RICHARDS TOWN,
BANGALORE-560 055.
3. MRS. SHAWAR @SHATAJ
Digitally signed
by SHARANYA T W/O M.A.K TAYUB,
Location: HIGH D/O A.K. ABDUL KHALAQ
COURT OF MAJOR, R/AT NO.5,
KARNATAKA
14TH CROSS STREET,
SHASTRINAGAR ADYAR
MADRAS-600020.
4. MRS. SAYEEDA BEGAUM
@ HASEENA
W/O MNAVAR PASHA
D/O A.K. ABDUL KHALAQ
MAJOR R/AT NO.294,
THIMMAIAH ROAD,
BENGALURU 560 051.
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RSA No. 718 of 2019
5. HAJIRA BEGUM
W/O KALEEM AHMED DELVI
D/O A.K. ABDUL KHALA
MAJOR
6. MRS. SABEEHA
D/O LATE ABDUL KHALAQ,
MAJOR.
7. MRS. NASREEN TAJ
W/O LATE IQBAL AHMED
D/O LATE ABDUL KHALAQ,
MAJOR
APPELLANT NOS.5 TO 7
R/AT NO.44, DAVIS ROAD,
RICHARDS TOWN,
BANGALORE-560 055.
8. MRS. SHAMEEM
D/O LATE A.K. ABDUL KHALAQ,
C/O CHAND CINEMA
THEATRE, KARNOOL
ANDHRA PRADESH.
...APPELLANTS
(BY SRI MAHESH A.S., ADVOCATE [ABSENT])
AND:
1. ABDUL BARI
S/O A.K.ABDUL JABBAR
MAJOR
2. ABDUL SAYEED
S/O A.K. ABDUL JABBAR
MAJOR
3. MRS. IFFATHH SHIRAZ
W/O LATE ABDUL SHIRAZ
MAJOR
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RSA No. 718 of 2019
4. FIBA NOOR JAHAN
D/O LATE ABDUL SHIRAZ
MAJOR
5. TANVEER AHMED
S/O ABDUL JABBAR
MAJOR
6. ABDUL KAREEM
S/O ABDUL JABBAR
MAJOR
RESPONDENT NOS.1 TO 6 ARE
R/AT NO.47(M4)
NEW SAYYAJI RAO ROAD,
BAMBOO BAZAR
MYSORE-570 021.
7. MRS. NAFEESA BEGUM
W/O LATE MOHAMMED SHARIEF,
MAJOR.
8. ABDUL REHAMAN @ FAZIL,
S/O LATE MOHAMMED SHARIEF
MAJOR
9. AFAQUE AHMED
S/O LATE MOHAMMED SHARIEF,
MAJOR.
10. FAYAK SHARIEF
S/O LATE MOHAMMED SHARIEF,
MAJOR
11. MRS. FARAHANA BEGUM
D/O LATE MOHAMMED SHARIEF
MAJOR
12. MRS. ZEEBA
D/O LATE MOHAMMED SHARIEF,
MAJOR,
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13. MRS. ROHEE
D/O LATE MOHAMMED SHARIEF,
MAJOR,
RESPONDENT NOS.7 TO 13 ARE
RESIDING AT NO.11/2,
5TH CROSS, GROUND FLOOR,
"C" STREET, HUTCHIN ROAD,
BANGALORE-560084.
14. A.K. ABDUL SAMAD
S/O LATE A.S.ABDUL KAREEM, MAJOR,
M/S. KAREEM SILK INTERNATIONAL J.F,
11/12, CITY POINTED NO.13,
INFANTRY ROD,
BANGALORE-560001.
15. MRS. SURIYA BEGUM,
D/O LATE SMT.AZEEZUNNISSA,
MAJOR,
16. IFTAQAR AHAMED @ JAVEED AHAMED
S/O LATE AZEEZUNNISA,
17. MOHAMMED ANNESULLA
S/O LATE AZEEZUNNISA,
MAJOR,
18. NAFEESUNNISSA @ MOHISINA
S/O LATE AZEEZUNNISA,
MAJOR,
19. MRS. MASOODA SARDAR
D/O LATE AZEEZUNNISA,
MAJOR,
20. ABDUL KHADEER @ BABU
S/O LATE AZEEZUNNISA,
MAJOR,
21. DR. MRS. THSEEN YOUSUFF
D/O LATE AZEEZUNNISA,
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MAJOR,
22. MRS AYESH S KHAN
D/O LATE AZEEZUNNISA,
MAJOR,
23. MRS. TAYEBA ANEES
D/O LATE AZEEZUNNISA,
MAJOR,
24. PARVEEN SAYEED
D/O LATE AZEEZUNNISA,
MAJOR,
RESPONDENT NOS.15 TO 24 ARE
RESIDING AT NO.2,
AZEEZA ENCLAVE,
SPENCERS ROAD,
BENGALURU-560005.
25. ISHRATH BEGUM
W/O DR. ABDUL WAJID KHAN,
D/O. ABDUL JABBAR,
MAJOR, R/AT NO.47,
NEW SAYYAJI RAO ROAD,
BAMBOO BAZAR,
MYSORE-570021.
26. ULFAL BEGUM
W/O ABDUL KHUDDUS
MAJOR, R/AT GAFUR MANZIL,
CUCHOREA, SANVARDEM,
GOA-403706.
27. SURVATH BEGUM
W/O ASIF HUSSAIN,
MAJOR, R/AT NO.47(M4),
NEW SAYYAJI RAO ROAD,
BAMBOOR BAZAR,
MYSORE-570021.
28. NIKHAT JAHAN
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RSA No. 718 of 2019
W/O AMJATH INAMDAR,
D/O. ABDUL JABBAR,
MAJOR, SALES TAX,
CONSULTANT, AZAD LANE,
BELGAUM-590001.
29. MR. ADIL AHMAD
S/O LATE A.K.AHMED SHARIFF,
MAJOR,
30. MR. KABIR AHMED
S/O LATE A.K.AHMED SHARIFF,
MAJOR,
31. MR. NOWHER AHMED
S/O LATE A.K.AHMED SHARIFF,
MAJOR,
RESPONDENT NOS.29 TO 31 ARE
RESIDING AT NO.192,
1ST CROSS, SUBHASHNAGAR,
OLD BANGALORE,
MYSORE ROAD,
MYSORE-700017.
32. MRS. JABEEN TAJ
MAJOR,
D/O LATE A.K.AHMED SHARIFF,
W/O ZAFRULLA KHAN,
R/AT NO.34, 1ST FLOOR,
8TH CROSS, SHIVAJI ROAD,
N.R.MOHALLA,
MYSORE-570007.
33. MRS. NASARATH BEGUM
MAJOR,
W/O DR.ABDUL HAMEED,
NO.18, SIDDIQNAGAR,
B-LAYOUT, BANNI MANTAP,
MYSORE-570015.
34. MRS. YASMEEN TAJ
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RSA No. 718 of 2019
MAJOR,
W/O DARVESH AHAMMED,
D.NO.192, 1ST CROSS,
SUBHASHNAGAR,
OLD BANGALORE-MYSORE ROAD,
MYSORE-570017.
35. MRS. MUDDASIN BEGUM
W/O R.PARVEZ AHMED KHAN,
MAJOR, NO.506,
15TH MAIN, 3RD BLOCK,
KORAMANGALA,
BANGALORE-560034.
36. TABASSUM BEGUM
D/O.LATE A.K.AHMED SHARIFF,
MAJOR, NO.18, CUNNINGHAM ROAD,
BENGALURU-560052.
37. LUBNA BEGUM
D/O.LATE A.K.AHMED SHARIFF,
MAJOR, DOOR NO.192,
1ST CROSS, SUBHASHNAGAR,
OLD BENGALURU MYSORE ROAD,
BENGALURU-560017.
38. TAIYBU SHERIFF
D/O.LATE A.K.AHMED SHARIFF,
MAJOR, DOOR NO.192,
1ST CROSS, SUBHASHNAGAR,
OLD BENGALURU MYSORE ROAD,
BENGALURU-560017.
39. ABDUL HALEEM
S/O. A.K.ABDUL SUBHAN,
MAJOR,
40. ABDUL NAYEEM
S/O. A.K.ABDUL SUBHAN,
MAJOR,
41. FAREEDA SUBHAN
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S/O. A.K.ABDUL SUBHAN,
MAJOR,
42. HINA KAUSER
W/O SHAKEEL AHMMED,
D/O. A.K.ABDUL SUBHAN,
MAJOR,
43. TASMEEN SUBHAN
W/O. A.K.ABDUL SUBHAN,
MAJOR,
RESPONDENT NOS.39 TO 43 ARE
RESIDING AT NO.7,
NANDIDURGA ROAD,
BENSON TOWN,
BANGALORE-560045.
44. SHAIK NAFEER
S/O A.A.DAWOOD
MAJOR, R/AT NO.4,
MASQUE COMPLEX,
M.M.ROAD,FRAZER TOWN,
BANGALORE-560005.
45. USMAN
S/O LATE KAREEM KHAN,
MAJOR, NO.948, 16TH MAIN,
BTM, MICO LAYOUT,
2ND STAGE,
BANGALORE-560076.
46. SANJAY
S/O RADHYLAL GUPTA,
MAJOR,
47. SMT. MANISHA GUPTA
W/O SANJAY KUMAR GUPTA,
MAJOR,
RESPONDENT NOS.46 AND 47 ARE
RESIDING AT NO.42, 6TH CROSS,
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SWIMMINGPOOL EXTENSION,
MALLESWARAM, BANGALORE-560003.
48. B.K. KRISHNA MURTHY
S/O LATE KENCHAPPA,
MAJOR, NO.21/B, TIGALARA ST.,
MAHABOOTHARAGALLI CROSS,
RAMANAGARAM TOWN-571511.
49. DR. HUMER RASIDI
W/O.RASID AHMED KHAN,
D/O.ABDUL KHALAQ,
MAJOR, RESIDING AT NO.44,
DAVIS ROAD, RICHARDS TOWN,
BANGALORE-560055.
...RESPONDENTS
(BY SRI M.A. AZEEZ KHURAISHI, ADVOCATE R45 [ABSENT])
THIS RSA IS FILED U/S.100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 22.02.2019 PASSED IN
R.A.NO.47/2017 ON THE FILE OF THE III ADDL.DISTRICT AND
SESSIONS JUDGE RAMANAGARA DISMISSING THE APPEAL
AND CONFIRMING THE ORDER DATED 31.07.2017 PASSED IN
FDP 05/1997 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE
AND CJM RAMANAGARA PARTLY ALLOWING THE PETITION
FILED U/O 20 RULE 18 R/W SEC.151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Appellants' counsel is absent.
On the earlier occasion, this Court having considered that
appellants are not pursuing the appeal. However, in the ends of
justice two weeks time was granted and also made it clear that
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RSA No. 718 of 2019
if appellants' counsel does not appear on the next date of
hearing, appeal will be dismissed.
Inspite of the said order, appellants' counsel is not
pursuing the matter. Hence, appeal is dismissed for non
prosecution.
Sd/-
JUDGE
AP
