Fakruddin vs Smt Rahamathunnisa
2024 Latest Caselaw 6140 Kant

Karnataka High Court

Fakruddin vs Smt Rahamathunnisa on 29 February, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                              -1-
                                                       NC: 2024:KHC:8513
                                                    RSA No. 1001 of 2020




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                         BEFORE
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                    REGULAR SECOND APPEAL NO. 1001 OF 2020 (INJ)

               BETWEEN:

               1.    FAKRUDDIN,
                     S/O. LATE SABU SABI,
                     AGED ABOUT 57 YEARS

               2.    HUSSAIN SABI R,
                     S/O. LATE REHMAN SABI,
                     AGED ABOUT 36 YEARS,

                     BOTH ARE RESIDENTS OF INDIRANAGAR,
                     WARD NO.31,
                     CHIKKABALLAPUR - 562 101.
                                                           ...APPELLANTS
               (BY SRI. VASANTH MADHAVA S, ADVOCATE)

Digitally      AND:
signed by
SUMA B N       SMT. RAHAMATHUNNISA,
Location:
High Court     W/O. LATE HAFEEZ,
of Karnataka   AGED ABOUT 44 YEARS,
               MANCHANABELE VILLAGE,
               KASABA HOBLI - 562 101,
               CHIKKABALLAPUR TALUK.
                                                          ...RESPONDENT
                      THIS RSA FILED UNDER SECTION 100 OF CPC AGAINST
               THE JUDGMENT AND DECREE DATED 18.12.2019 PASSED IN
               RA.No.72/2019 ON THE FILE OF THE II ADDITIONAL SENIOR
               CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE
                                 -2-
                                             NC: 2024:KHC:8513
                                          RSA No. 1001 of 2020




APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 05.03.2019 PASSED IN OS No.224/2012 ON THE FILE
OF   THE    I   ADDITIONAL        CIVIL   JUDGE   AND    JMFC,
CHICKBALLAPUR.

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

                         JUDGMENT

By order dated 18.01.2024 citing non appearance on

behalf of the appellants this court granted two weeks time

to comply with office objections, subject to payment of

Rs.1,000/- payable to the High Court Legal Service

Committee failing which, it was made clear that appeal

would stand dismissed for non prosecution.

2. Neither office objections are complied with nor

the cost is paid as directed.

3. However, the learned counsel for the appellants

has filed a memo dated 18.01.2024 seeking dismissal of

appeal as withdrawn.

4. Memo is taken on record.

5. Appeal is dismissed as withdrawn.

NC: 2024:KHC:8513

6. However learned counsel for the appellants

shall pay the cost of Rs.1,000/- as directed earlier within

two weeks.

Sd/-

JUDGE CR