Karnataka High Court
Hafizur Rehman Gousmohaddin ... vs Smt.Badibi @ Ammajan W/O Sayyad ... on 5 February, 2024
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NC: 2024:KHC-K:1327
RSA No. 7127 of 2010
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.7127 OF 2010
(PAR/POS)
BETWEEN:
1. HAFIZUR REHMAN
S/O GOUSMOHAIUDDIN JAHAGIRDAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O GUMMADGALLI, BIJAPUR.
2. PEERPASHA
S/O GOUSMOHIUDDIN JAHAGIRDAR,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O GUMMADGALLI, BIJAPUR.
3. SAHEBJADI
D/O GHOUSEMOHUDDIN JAHAGIRDAR,
AGE: 61 YEARS,
OCC: HOUSEHOLD WORK,
Digitally signed
by R/O HAKEEM CHOWK, BIJAPUR.
LUCYGRACE
Location: HIGH
COURT OF
KARNATAKA 4. KHUTEJABI
W/O GHOUSEPEERAN JAGAIRDAR,
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK,
R/O KUDAGI, TQ: BASAVANBAGEWADI,
DIST: BIJAPUR.
5. TAHERABEGUM
W/O GULAM DASTGIR BAKSHI,
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK,
R/O HUTTI, TALUK LINGSUGUR,
DIST: RAICHUR.
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NC: 2024:KHC-K:1327
RSA No. 7127 of 2010
6. SMT. AKTHAR BEGUM
W/O MEHBOOB PASHA JAMADAR,
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK,
R/O: HUTTI, TALUK: LINGSUGUR,
DIST: RAICHUR.
7. SHAHAJAN BEGUM
D/O GHOUSEMOHIUDDIN JAGIRDAR,
AGE: 45 YEARS, OCC: HOUSEHOLD WORK,
HAKEEM CHOWK, BIJAPUR.
8. LAXMAN SIDDAPPA JUGATTI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: KUDAGI, TQ: BASAVAN BAGEWADI,
DIST: BIJAPUR.
9. SMT. MAIMUNA BEGUM ALIAS DADABI
WIDOW OF GHOUSMOHIUDDIN JAGIRDAR
SINCE DECEASED REPRESENTED BY:
A) PEERPASHA S/O GOUSHMOHIUDDIN,
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE,
R/O GUMMADGALLI, BIJAPUR.
10. MOHD AKHTAR HUSSAIN
S/O MEHBOOB PASHA,
AGED ABOUT 35 YEARS,
OCC: BUSINESS,
R/O GUMMADGALLI, BIJAPUR.
11. ABDUL GANI S/O MOHD SAHIB MANIYAR,
AGE: MAJOR, OCC: BUSINESS,
R/O NARGUND CHOWK, BIJAPUR.
SINCE DECEASED REPRESENTED THROUGH LRS
11(A) ABDUL WAHAB MANIYAR
S/O LATE ABDUL GANI,
AGED ABOUT 40 YEARS,
R/O UPLIBURAZ, BIJAPUR.
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NC: 2024:KHC-K:1327
RSA No. 7127 of 2010
11(B). MOHD SIRAJ
S/O LATE ABDUL GANI MANIYAR,
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O UPLIBURZ, BIJAPUR.
12. GULINGAPPA
S/O CHANNABASSAPPA JADAR ALIAS TORVI,
AGED ABOUT 45 YEARS,
OCC: MEDICAL PRACTITIONER AND AGRICULTURE,
R/O VILLAGE KURGI, TALUK BASWAN BAGEWADI,
DIST: BIJAPUR.
...APPELLATNS
(BY SRI. RAJA VENKATAPPA NAIK, ADVOCATE)
AND:
1. SMT. BADIBI ALIAS AMMAJAN
W/O SAYYAD MOHD KHAJA MADANI INAMDAR
ALIAS MADANI,
R/O: BIJAPUR.
SINCE DECEASED REPRESENTED BY LRS
1(A) SAYEED GESUDARAJ
S/O LATE SYED KHAJA MADANI INAMDAR,
AGE: 50 YEARS, OCC: ENGINEER,
R/O HAKEEM CHOWK, BIJAPUR.
1(B) SMT. SABIRA BEGUM
W/O MEHBOOB QUADRI,
AGE: 55 YEARS,
OCC: HOUSEHOLD WORK,
R/O SUHAG COLONY, BIJAPUR.
1(C) SMT. BILQIS BEGUM
W/O MAHABOOB QUADRI,
AGE: 52 YEARS, OCC: H.H. WORK,
R/O GACHI MAHEL, BIJAPUR.
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NC: 2024:KHC-K:1327
RSA No. 7127 of 2010
2. MAHEBOOB PASHA
S/O HAFIZURHAMAD MADANI @ JAHAGIRADAR,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: HAKEEM CHOWK,
VIJAYAPUR-586 101.
(AMENDED AS PER ORDER DATED 17.01.2024)
...RESPONDENTS
(SRI. PRAKASH R. KULKARNI, ADVOCATE FOR R-1(A) TO
R-1(C);
SRI. SANGANABASAVA B. PATIL, ADVOCATE FOR R-2)
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
PRAYING TO SET ASIDE THE IMPUGNED JUDGEMENT AND
ORDER DATED 22.01.2010 PASSED BY THE LEARNED THIRD
ADDITIONAL DISTRICT JUDGE, BIJAPUR, DISMISSING I.A.NO.1
FOR CONDONATION OF DELAY IN FILLING THE REGULAR
APPEAL NO.34 OF 2009 DISMISSING I.A NO.2 FOR STAY AND
REGULAR APPEAL NO.34 OF 2009 AFFIRMING THE JUDGEMENT
AND DECREE DATED 26.09.1986 PASSED BY FIRST
ADDITIONAL CIVIL JUDGE, BIJAPUR IN OS NO.129 OF 1982.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
It is submitted by the learned counsel appearing for the
parties that, in FDP No.15/1988 on the file of Principal Civil
Judge, Bijapur, the Court below has drawn the final decree
proceedings based on the Commissioner's report.
NC: 2024:KHC-K:1327
Recording the submission made by the learned counsel
appearing for the parties, the appeal is dismissed as having
become infructuous.
Sd/-
JUDGE
LG
