Mohinsab S/O Mohd. Asif Sab vs Rehmat Bee And Ors
2024 Latest Caselaw 3118 Kant

Karnataka High Court

Mohinsab S/O Mohd. Asif Sab vs Rehmat Bee And Ors on 1 February, 2024

                                        -1-
                                              NC: 2024:KHC-K:1206
                                               RSA No. 200179 of 2020




                      IN THE HIGH COURT OF KARNATAKA,

                              KALABURAGI BENCH

                   DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                    BEFORE
                     THE HON'BLE MR. JUSTICE E.S.INDIRESH


             REGULAR SECOND APPEAL NO. 200179 OF 2020 (PAR)
            BETWEEN:

            MOHINSAB S/O MOHD. ASIF SAB,
            AGE: 43 YEARS, OCC: PETTY BUSINESS,
            R/O: MASKI, TQ: LINGASUGUR,
            DIST: RAICHUR-584101.
                                                         ...APPELLANT

            (BY SRI. A R TARANATH, ADVOCATE(ABSENT))

            AND:

            1.   REHMAT BEE
                 W/O MOHD. YAKUBSAB,
                 AGE: 63 YEARS,
Digitally
signed by
LUCYGRACE        ABDUL KHADERSAB
Location:
HIGH
                 S/O MOHD. YAKUBSAB
COURT OF         DECEASED BY HIS LRS.
KARNATAKA


            2.   KAISAR BANU
                 W/O LATE ABDUL KHADARSAB,
                 AGE: 54 YEARS,

            3.   AFRIN BEGUM
                 D/O LATE ABDUL KHADAR SAB,
                 AGE: 30 YEARS,

            4.   NAZIA BEGUM
                 D/O LATE ABDUL KHADAR SAB,
                           -2-
                                   NC: 2024:KHC-K:1206
                                    RSA No. 200179 of 2020




     AGE: 28 YEARS,

5.   MOHD. YAKUBSAB
     S/O LATE ABDUL KHADAR SAB,
     AGE: 26 YEARS,

6.   MOHD. YASINNSAB
     S/O LATE ABDUL KHADAR SAB,
     AGE: 24 YEARS,

     ALL ARE AGRICULTURISTS,
     R/O: MASKI VILLAGE,
     TQ: LINGASUGUR,
     DIST: RAICHUR-584101.

7.   USMANSAB S/O MOHD. YAKUBSAB,
     AGE: 43 YEARS,

8.   NAZIRSAB S/O MOHD. YAKUBSAB,
     AGE: 38 YEARS,

9.   K. SIDRAMAPPA
     S/O VIRUPANNA HOOVINABHAVI,
     AGE: 69 YEARS,

10. SHAMSHAD BEGUM D/O MOHD.
    ASIF SAB,
    AGE: 63 YEARS,

11. DASTAGIRSAB S/O ABDUL KHADAR
    KHAJI,
    AGE: 41 YEARS,

     ALL ARE AGRICULTURISTS,
     R/O: MASKI, TQ: LINGASUGUR,
     DIST: RAICHUR-584101.
                                           ...RESPONDENTS

(BY SRI.SHIVANAND PATIL, ADVOCATE FOR R-1 TO R-8 & 11)

     THIS RSA FILED UNDER SECTION 100 OF THE CPC,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED
                                  -3-
                                         NC: 2024:KHC-K:1206
                                          RSA No. 200179 of 2020




27.11.2013    PASSED     BY   THE      SENIOR    CIVIL   JUDGE    AT
LINGASUGUR IN O.S. NO.267/2006 TO THE EXTENT OF
DISMISSING THE SUIT IN RESPECT OF SUIT ITEM NO.6 OF
LANDED PROPERTY AND SUIT ITEM NO.7 OF HOUSE PROPERTY
AND ALSO SET ASIDE THE JUDGMENT AND DECREE DATED
12.02.2020    PASSED     BY   THE      LEARNED   I   ADDL.DIST.   &
SESSIONS JUDGE AT RAICHUR IN R.A.NO.01/2014.

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


                          JUDGMENT

1. None appear for the appellant. Learned counsel appearing

for the respondent is present.

2. There was no representation made on behalf of the

appellant on the last occasion and no representation has been

made today also.

3. The appeal is dismissed for non prosecution.

Sd/-

JUDGE

sac