Mr Iliyaz vs Smt. Susheela Devi
2024 Latest Caselaw 5138 Kant

Karnataka High Court

Mr Iliyaz vs Smt. Susheela Devi on 20 February, 2024

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                         NC: 2024:KHC:7082
                                                       RFA No. 610 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                          REGULAR FIRST APPEAL NO. 610 OF 2020 (INJ)


                   BETWEEN:

                   MR ILIYAZ
                   S/O MR. KAREEM SAB
                   AGED ABOUT 52 YEARS
                   R/AT NO.16/B, SINGAPURA ROAD
                   2ND CROSS, M S PALYA
                   BENGALURU 560 097.
                                                              ...APPELLANT
                   (BY SRI. ABDUL NAZEER MATTARA.,ADVOCATE [ABSENT])

                   AND:

                   1.    SMT. SUSHEELA DEVI
                         W/O SRI. MANGALARAMJI
                         AGED ABOUT 39 YEARS
Digitally signed         R/AT NO.33, 7TH CROSS
by HEMALATHA             SINGAPURA MAIN ROAD
A                        MARUTHI LAYOUT
Location: High           VIDYARANYAPURA POST
Court of
Karnataka                BENGALURU 560 097.

                   2.    MR. ZABEE
                         S/O MR. ABDUL GHANI
                         AGED ABOUT 45 YEARS

                   3.    MRS. SABIRABI
                         W/O MR. ABDUL GHANI
                         AGED ABOUT 70 YEARS
                             -2-
                                          NC: 2024:KHC:7082
                                        RFA No. 610 of 2020




     R2 & R3 R/AT DOOR NO.6
     DHARMACHATRA ROAD
     NELAMANGALA TOWN
     BENGALURU.
                                            ...RESPONDENTS


      THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED            09.10.2019
PASSED IN OS.NO. 5404/2015        ON THE FILE OF THE XX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DECREEING THE SUIT FOR PERPETUAL INJUNCTION.

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

COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

1. Inspite of granting opportunity for eight times, the

office objections have not been complied with.

2. On 24.08.2023, when the matter was posted before

the Court for compliance of office objections, none

appeared for the appellant and office objections have not

been complied with and hence, finally two weeks time was

granted to comply with office objections. Again the matter

was posted before the Court on 13.02.2024 for compliance

of office objections for sixth times. Even on that day, when

NC: 2024:KHC:7082

the matter called twice, none appeared for the appellant

and office objections have not been complied. As a last

chance, the matter was adjourned to 19.02.2024. Even on

19.02.2024, when the matter was called out twice, both in

the morning and afternoon sessions, none appeared for

the appellant. Hence, the matter was directed to be listed

on 20.02.2024 at the top of the list under the caption 'for

dismissal'.

3. Even today also, there is no representation on behalf

of the appellant in both the sessions and the office

objections have not been complied with. It appears that

the appellant is not interested in prosecuting the appeal.

4. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

HA