Karnataka High Court
Smt K Mehaboobi vs K Riyaz Ahmaed on 15 September, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:33459
RSA No. 1038 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 1038 OF 2017 (PAR)
BETWEEN:
1. SMT. K. MEHABOOBI
D/O. RAJAK MIYA,
AGED ABOUT 81 YEARS,
R/O. HOLALKERE RAILWAY QUARTERS,
HOLALKERE-577 526
CHITRADURGA DISTRICT.
...APPELLANT
(BY SRI S.P.S. KHADRI, ADVOCATE [ABSENT])
AND:
1. K. RIYAZ AHMAED
S/O. LATE K. ABDUL WAHEED,
AGED ABOUT 55 YEARS,
Digitally signed
by SHARANYA T 2. K. AKEEL AHAMED
Location: HIGH S/O. LATE K. ABDUL WAHEED
COURT OF AGED ABOUT 52 YEARS,
KARNATAKA
3. K. NAYAZ AHAMED
S/O. LATE K. ABDUL WAHEED
AGED ABOUT 44 YEARS,
RESPONDENT NOS.1 TO 3 ARE
R/O. JAMIYA MASJID ROAD
MALEBENNUR, HARIHARA TALUK.
4. K. SHAKEER AHAMED
W/O. LATE A. ABDUL WAHEED,
AGED ABOUT 42 YEARS,
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RSA No. 1038 of 2017
R/O. BASHANAGAR,
NEAR AUTO STAND,
DAVANAGERE-577 002.
5. SRI K. ABDUL GANI SAB
S/O. RAZAK MIYA,
AGED ABOUT 80 YEARS,
R/O. SASVEHALLI VILLAGE,
HONNALI TALUK
DAVANAGERE DISTRICT-577 002.
SINCE DECEASED BY HIS LRS
5(a) ABDUL WAZID
S/O. LATE ABDUL GANI SAB
AGED ABOUT 63 YEARS
R/O. NEAR I.B. CIRCLE.
HONNALI.
5(b) HARASHAD B.,
D/O. LATE ABDUL GANI SAB
W/O. ZIYAULLA
AGED ABOUT 61 YEARS
GENERAL MERCHANT
R/O. KAZI MOULLA
SANTHEBENNUR
CHANNAGIRI TALUK.
5(c) MUQUBAL AHAMED
S/O. LATE ABDUL GANI SAB
AGED ABOUT 56 YEARS
R/O.R.M.L.NAGAR
NEAR MAZID QUB
SHIMOGA.
MIMUNISSA
5(d) D/O.LATE ABDUL GANI SAB
W/O. SAYEED NOOUR
AGED ABOUT 59 YEARS
5(e) RIYAZ AHAMED
S/O. LATE ABDUL GANI SAB
AGED ABOUT 54 YEARS
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RSA No. 1038 of 2017
5(f) FAZIULLA
S/O. LATE ABDUL GANI SAB
AGED ABOUT 48 YEARS
5(g) ATHAULLA
S/O. LATE ABDUL GANI SAB
AGED ABOUT 43 YEARS
RESPONDENT NOS.R5(d) TO R5(g) ARE
R/O. NEAR GULZARE MAIDEN MAZID
SASVEHALLI POST, SASVEHALLI
HONNALI TALUK.
6. SMT. DILSHAD BI
W/O. K. NISAR AHAMED,
AGED ABOUT 62 YEARS,
7. K. ANSAR AHAMED
AGED ABOUT 62 YEARS,
8. K. AZAR AHAMED
S/O. NISSAR AHAMED,
AGED ABOUT 33 YEARS,
9. K. SIDDIQ AHAMED
S/O. LATE NISSAR AHAMED,
AGED ABOUT 23 YEARS,
THE RESPONDENT NOS.6 TO 9 ARE
R/O. OLD POST OFFICE BUILDING,
CHITRADURGA FORT AREA,
CHITRADURGA-577 501.
...RESPONDENTS
(BY SRI N. NAGARAJA, ADVOCATE FOR R1 TO R7 [ABSENT];
SRI P.M.SIDDAMALLAPPA, ADVOCATE FOR R5(a) to (g);
R2 AND R3 ARE SERVED AND UNREPRESENTED,
VIDE ORDER DATED 31.08.2023;
APPEAL DISMISSED AGAINST R4, R6, R8 AND R9)
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 11.11.2016 PASSED IN
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RSA No. 1038 of 2017
R.A.NO.60/2015 ON THE FILE OF THE II ADDL. DISTRICT AND
SESSIONS JUDGE, DAVANAGERE, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGMENT AND DECREE DATED
28.3.2015 PASSED IN O.S.NO.71/2011 ON THE FILE OF THE
SENIOR CIVIL JUDGE, HARIHARA.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This Court, vide order dated 31.08.2023, taken note of
the fact earlier order dated 17.08.2023, wherein the learned
counsel for the appellant was directed to pay PF and also made
it clear in the order that if PF is not paid, the appeal will be
dismissed against respondent Nos.4, 6, 8 and 9. Hence,
dismissed the appeal against the said respondents on
31.08.2023 and also made an observation that, inspite of the
order dated 17.08.2023 to amend the cause title, learned
counsel for the appellant has not carried out the amendment to
the cause title. However, in the ends of justice, this Court
granted two weeks time to amend the cause title and file
amended cause title and also made it clear that if the learned
counsel for the appellant fails to carryout the amendment, the
appeal will be dismissed since, the appeal is of the year 2017.
Inspite of the said order, the learned counsel has not amended
the cause title and not filed the amended cause title.
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RSA No. 1038 of 2017
Hence, in view of the order dated 31.08.2023, the appeal
is dismissed for non-amendment of cause title and non filing of
amended cause title.
Sd/-
JUDGE
ST
