Smt Khayaz Unnisa Kanam vs Smt. Fajalunnisa Banu
2023 Latest Caselaw 6882 Kant

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                                                          NC: 2023:KHC:35393
                                                        RSA No. 1076 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1076 OF 2020 (DEC/INJ)

                   BETWEEN:

                   1.    SMT. KHAYAZ UNNISA KANAM
                         W/O. MOHAMMED VALIPEERAN
                         AGED ABOUT 66 YEARS,
                         AGRICULTURIST
                         R/O. KEREBILACHI VILLAGE
                         CHANNAGIRI TALUK
                         DAVANAGERE DISTRICT-577 218.
                                                                ...APPELLANT

                           (BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE)

                   AND:

                   1.    SMT. FAJALUNNISA BANU
                         W/O. MOHAMMAD NOOIRSAB
Digitally signed
by SHARANYA T            AGED ABOUT 70 YEARS,
Location: HIGH           AGRICULTURIST
COURT OF                 R/O. KEREBILACHI VILLAGE
KARNATAKA
                         CHANNAGIRI TALUK
                         DAVANAGERE DISTRICT.

                         ALSO RESIDING AT
                         14TH CROSS, 1ST MAIN
                         KTJ NAGAR
                         DAVANAGERE-577 002.
                   2.    SRI MOHD. PYARIJAAN
                         W/O. LATE THAJUDDIN SAB
                         AGE ABOUT 79 YEARS,
                         R/O. KEREBILACHI VILLAGE
                                -2-
                                             NC: 2023:KHC:35393
                                          RSA No. 1076 of 2020




    CHANNAGIRI TALUK
    DAVANAGERE DISTRICT-577 218.
                                                 ...RESPONDENTS

      (BY SRI SANATHKUMAR SHETTY K., ADVOCATE FOR
                       C/R1 & R2)

      THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908
AGAINST THE JUDGMENT AND DECREE DATED 04.07.2020
PASSED IN R.A.NO.84/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, CHANNAGIRI ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
25.10.2019 PASSED IN O.S.NO.286/2012 ON THE FILE OF THE
PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAGIRI.


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


                             ORDER

This Court has given sufficient time to comply with the

office objections and on the previous occasion, this Court

imposed cost of Rs.500/- and inspite of the same neither the

cost is paid nor the office objections are complied with. The

earlier order of this Court dated 13.09.2023 is very clear that if

the cost is not paid and the office objections are not complied

within two weeks, list the matter for dismissal. Inspite of the

same, the learned counsel for the appellant has not complied

with the office objections and also not paid the cost.

NC: 2023:KHC:35393 RSA No. 1076 of 2020

Hence, the appeal is dismissed for non-compliance of

office objections and non-payment of cost.

Sd/-

JUDGE

ST