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Mrs Neelufer Khuraishi vs Dr Mrs Taj Jahan Begum
2024 Latest Caselaw 4385 Kant

Citation : 2024 Latest Caselaw 4385 Kant
Judgement Date : 13 February, 2024

Karnataka High Court

Mrs Neelufer Khuraishi vs Dr Mrs Taj Jahan Begum on 13 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                          -1-
                                                       NC: 2024:KHC:6108
                                                    RFA No. 1486 of 2020




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                        BEFORE
                    THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                     REGULAR FIRST APPEAL NO. 1486 OF 2020 (PAR)
               BETWEEN:

               1.    MRS NEELUFER KHURAISHI
                     W/O LATE MEER SHOEB AHMED KHURAISHI
                     AGED ABOUT 58 YEARS

               2.    MR NAIF KHURAISHI
                     S/O LATE MEER SHOEB AHMED KHURAISHI
                     AGED ABOUT 33 YEARS

               3.    MR ABUZER KHURAISHI
                     S/O LATE MEER SHOEB AHMED KHURAISHI
                     AGED ABOUT 30 YEARS
                     (REP. BY GPA HOLDER HIS MOTHER
                     MRS NEELUFER KHURAISHI)
                     ALL ARE R/AT 1218/1
                     BIDAR KRISHNAPPA RAMAMANDIRA ROAD
Digitally signed by  DEVARAJA MOHALA
HEMALATHA A          MYSURU-570 024.
Location: High                                               ...APPELLANTS
Court of            (BY SRI.SRIDHAR CHAKKE., ADVOCATE [ABSENT])
Karnataka
               AND:

               1.    DR MRS TAJ JAHAN BEGUM
                     W/O SHOUKATH ALI KHAN
                     AGED ABOUT 75 YEARS
                     R/AT 68, DREAM MEADOWS
                     ITPL ROAD, 1ST MAIN ROAD
                     1ST CROSS, A BROOK FIELD
                     BANGALORE-560 037.
                          -2-
                                        NC: 2024:KHC:6108
                                  RFA No. 1486 of 2020




2.   MRS NOOR JAHAN BEGUM
     W/O MR NOOR AHMED MECCI
     AGED ABOUT 79 YEARS
     R/AT 1/16, HIBA
     HANUMANTHYA LAYOUT
     ULSOOR ROAD, BANGALORE-560 042.

3.   MRS SHAH JAHAN BEGUM
     W/O MR MUJEEB REHAMAN
     AGED ABOUT 77 YEARS
     R/AT FLAT 400, 17 LLOYD ROAD
     COOKS TOWN, BANGALORE-560 005.

4.   MRS GUL JAHAN BEGUM
     W/O MR LATTEF AZAM KHADER
     AGED ABOUT 73 YEARS
     C/O MR NOOR AHMED MECCI
     (PA HOLDER)
     R/AT 1/16, HIBA
     HANUMANTHYA LAYOUT
     ULSOOR ROAD, BANGALORE-560 042.

5.   MR MEER HASEEB AHMED KHURAISHI
     S/O LATE MER BASHEER AHMED KHURAISHI
     AGED ABOUT 66 YEARS
     R/AT GROUND FLOOR
     1218/1, B K STREET
     DEVARAJA MOHALLA, MYSURU-24.

6.   MR MEER IQBAL AHMED KHURAISHI
     S/O LATE MEER BASHEER AHMED KHURAISHI
     AGED ABOUT 51 YEARS
     R/AT H-501, TAMBOURINE
     KANAKAPURA ROAD
     J P NAGAR, BANGALORE-560 078
                                       ...RESPONDENTS
(BY SMT. NANDITA K NAIR, ADVOCATE FOR
SRI. KIRAN V RON., ADVOCATE FOR R1:
NOTICE NOT ORDERED TO R2 TO R5)
                               -3-
                                                NC: 2024:KHC:6108
                                          RFA No. 1486 of 2020




     THIS RFA IS FILED UNDER SECTION 96 ORDER XLI RULE
1 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
19.03.2020 PASSED IN O.S.NO.412/2015 ON THE FILE OF THE
II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU,
DECREEING     THE   SUIT   FOR      PARTITION    AND   SEPARATE
POSSESSION.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

When the matter was posted before the Registrar

for non-compliance of office objections for the fourth time,

none appeared for the appellants and the office objections

were not complied with.

2. The matter was posted for non-compliance of

office objections before the Court on 03.08.2023. On that

day, five weeks time was granted for compliance of office

objections. Then the matter was posted on 12.02.2024

for sixth time. On that day, none appeared for the

appellants and the office objections were not complied

with. The matter was ordered to be listed to today at the

top of the list under the caption 'for dismissal'.

NC: 2024:KHC:6108

3. Even today also, there is no representation on

behalf of the appellants in both the sessions and the office

objections are not complied with. Learned counsel for the

respondent No.1 is present. It appears that the appellants

are not interested in prosecuting the appeal.

4. The appeal is dismissed for non-prosecution.

Sd/-

JUDGE

CM

 
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