Karnataka High Court
Sri Siddaiah vs Smt Banubee Since Decd By Lrs on 4 January, 2024
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RSA No. 196 of 2007
C/W RSA No. 195 of 2007
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.196 OF 2007 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO.195 OF 2007 (DEC/INJ)
IN RSA NO.196/2007:
BETWEEN:
1. SRI SIDDAIAH
S/O SHANKARAIAH ADHONIC WADIYAR,
AGE: 62 YERAS,
OCC: RETD. GOVERNMENT EMPLOYEE,
R/O HUMNABAD,
BIDAR DISTRICT-585 330.
...APPELLANT
Digitally signed (BY SRI. SANJAY KULKARNI, ADVOCATE - ABSENT)
by SACHIN
Location: HIGH AND:
COURT OF
KARNATAKA
1. SRI. MEHMOOD BAIG
SINCE DECEASED BY L.RS.
(A) SRI MIRZA FAYAZ ALI
S/O LATE MIRZA MEHMOOD BAIG,
AGE: 52 YEARS,
(B). SRI MIRZA AKEEL BAIG
S/O LATE MIRZA MEHMOOD BAIG,
AGE: 47 YEARS, OCC: BUSINESS,
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(C) SRI MIRZA JAFAR BAIG,
S/O LATE MIRZA MEHMOOD BAIG,
AGE: 42 YEARS, OCC: BUSINESS,
(D) SRI HABIB BAIG
S/O LATE MIRZA MEHMOOD BAIG,
AGE: 39 YEARS, OCC:BUSINESS,
(E) SRI SHAMSHIR BAIG
S/O LATE MIRZA MEHMOOD BAIG,
AGE: 36 YEARS, OCC: BUSINESS,
(F). SMT. REHAMBEE
D/O LATE MIRZA MEHMOOD BAIG,
AGE: 32 YEARS, OCC: BUSINESS,
ALL ARE RESIDENT OF
HUMNABAD TOWN, HUMNABAD TALUK,
BIDAR DISTRICT - 585 330.
2. SMT. BANUBEE
SINCE DECEASED BY L.RS
(A) SRI MOHAMMED MEERAN
S/O MOHAMMED KASIM,
AGE: MAJOR, OCC: GOVT. SERVICE,
R/O HUMNABAD,
NOW AT VILLAGE S.R.S.P.S.D NO.2,
POST: KORATALA, TALUK: MALAPALLI,
DIST: KAREEMNAGAR-504 001,
ANDHRA PRADESH.
(B) SRI MOHAMMED NOOR
S/O MOHAMMED KASIM,
AGE: MAJOR, OCC: MECHANIC,
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RSA No. 196 of 2007
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R/O HUMNABAD,
NOW AT VILLAGE DANDOLI,
TALUK: CHITAPUR,
DIST: GULBARGA - 585 232.
(C) SRI MOHAMMED MOOSA
S/O MOHAMMED KASIM,
AGE: MAJOR, OCC: PRIVATE SERVICE,
R/O HUMNABAD, NOW AT P.R. NO.1554,
SHARJAH (U.A.E.), PIN P.R.NO.1554.
(D) SRI MOHAMMED KHAJA
S/O MOHAMMAED KASIM,
AGE: MAJOR, OCC: DRIVER,
R/O HUMNABAD, NOW AT C/O BADASEB,
SRIRAM COLONY, POST: KAMA REDDY,
DIST. NIZAMABAD,
ANDHRA PRADESH - 503 001.
(E) SRI MOHAMMED ANWAR
S/O MOHAMMED KASIM,
AGED ABOUT 50 YEARS,
OCC: DRIVER, R/O HUMNABAD,
NOW AT HOUSE NO.17-8-246/-33/1,
BAGHE-JAHANARA POST,
HYDERABAD - 500 023,
ANDHRA PRADESH - 500 001.
(F) SMT. HOOR BANU
W/O SYED OSMAN,
D/O MOHAMMED KASIM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O GOODI, HATHNOOR, ADILABAD,
ANDHRA PRADESH-504 001.
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RSA No. 196 of 2007
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(G) SMT. RAZIA BANU
W/O FAROOQ MIYAN HAWALDAR
D/O MOHAMMED KASIM,
AGE: MAJOR, OCC: HOUSEHOLD,
R/O H.NO.13-53, GACHENE-KI-BOWALI,
POST: YADGIR -585 202.
3. SRI SYED DAWOOD MIYA
SINCE DECEASED BY L.RS
(A) SMT. BADI BEE
W/O LATE DAWOOD MIYA,
AGE: MAJOR,
R/O TOPGALLI, HUMNABAD,
BIDAR DISTRICT-585 330.
(B) SRI MANJLE MIYA
S/O LATE DAWOOD MIYA,
AGE: MAJOR,
R/O TOPGALLI, HUMNABAD,
BIDAR DISTRICT-585 330.
(C) SMT DAWALAT BEE
D/O LATE DAWOOD MIYA
W/O ALLA MIYA,
AGE: MAJOR,
R/O SYED GALLI, HUMNABAD,
BIDAR DISTRICT-585 330.
(D) SMT. KHAJA BEGUM
D/O LATE DAWOOD MIYA,
W/O PEER KHAN, AGE: MAJOR,
R/O SYED GALLI HUMNABAD,
BIDAR DISTRICT-585 330.
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RSA No. 196 of 2007
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(E). SRI SYED MOHAMMED
S/O LATE DAWOOD MIYA,
AGE: MAJOR,
R/O TOPGALLI, HUMNABAD,
BIDAR DISTRICT-585 330.
(F) SRI ANWAR MIYA
S/O LATE DAWOOD MIYA,
AGE: MAJOR,
R/O TOPGALLI, HUMNABAD,
BIDAR DISTRICT - 585 330.
(G) SMT. PASHA BEE
D/O LATE DAWOOD MIYA &
W/O KHASIM SAB,
AGE: MAJOR,
R/O TOPGALLI, HUMNABAD,
BIDAR DISTRICT-585 330.
...RESPONDENTS
(SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE FOR
R1 (A TO D & F);
SRI. SHIVAKUMAR KALLOOR, ADVOCATE FOR R2(B);
V/O DTD. 10.07.2017, NOTICE TO R2(F) IS HELD SUFFICIENT;
V/O DTD. 02.02.2012, APPEAL AGAINST R3 (A, B, D & E) IS
ABATED;
V/O DTD. 27.10.2023, APPEAL AGAINST R2 (A, C, D, E, G) IS
DISMISSED;
NOTICE TO R3(C), R3(F) & R3(G) - SERVED)
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL AND SET
ASIDE THE JUDGMENT AND DECREE DATED 19TH OCTOBER
2006 PASSED IN R.A.NO.35/1995 ON THE FILE OF THE COURT
OF CIVIL JUDGE (SR.DN.), BASAVAKALYAN, CAMP AT
HUMNABAD AND THE JUDGMENT AND DECREE DATED
31.08.1995 PASSED IN OS NO.174/1982 ON THE FILE OF THE
COURT OF MUNSIF AT HUMNABAD, BIDAR DISTRICT, AND
CONSEQUENTLY DISMISS THE SUIT, AS PRAYED FOR.
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RSA No. 196 of 2007
C/W RSA No. 195 of 2007
IN RSA NO.195/2007:
BETWEEN:
1. SRI SIDDAIAH
S/O SHANKARAIAH ADHONIC WADIYAR,
AGE: 62 YERAS,
OCC: RETD. GOVERNMENT EMPLOYEE,
R/O HUMNABAD,
BIDAR DISTRICT-585 330.
...APPELLANT
(BY SRI. SANJAY KULKARNI, ADVOCATE - ABSENT)
AND:
1. SMT. BANUBEE,
SINCE DECEASED BY L.RS.
(A) SRI. MOHAMMED MEERAN,
S/O MOHAMMED KASIM SAB,
AGE: 67 YEARS,
OCC: RETD. GOVT. SERVICE,
R/O HUMNABAD,
BIDAR DISTRICT-585 330.
(B). SRI. MOHAMMED NOOR
S/O MOHAMMED KASIM SAB,
AGE: 62 YEARS, OCC: MECHANIC,
(C) SRI. MOHAMMED MOOSA
S/O MOHAMMED KASIM SAB,
AGE: 67 YEARS, OCC: PRIVATE SERVICE,
(D) SRI. MOHAMMED KHAJA,
S/O MOHAMMED KASIM SAB,
AGE: 52 YEARS, OCC: DRIVER,
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RSA No. 196 of 2007
C/W RSA No. 195 of 2007
(E) SRI. MOHAMMED ANWAR
S/O MOHAMMED KASIM SAB,
AGE: 50 YEARS, OCC: DRIVER,
(F) SMT. HOOR BANU W/O SYED OSMAN,
D/O MOHAMMED KASIM SAB,
AGE: 60 YEARS, OCC: HOUSEHOLD,
(G) SMT. RAZIA BANU
W/O FAROOQ MIYAN, HAWALDAR,
D/O MOHAMMED KASIM SAB,
AGE: 58 YEARS, OCC: HOUSEHOLD,
RESPONDENTS No.1(A) TO (G) ARE
RESIDENTS OF TOPGALLI,
TOWN HUMNABAD TALUK,
BIDAR DISTRICT-585 330.
2. SRI. MEHMOOD BAIG,
SINCE DECEASED BY L.RS.
(A) SRI. AKEEL BAIG
S/O LATE MEHMOOD BAIG,
AGE: MAJOR, OCC: BUSINESS,
(B) SRI. FAYAZ
S/O LATE MEHMOOD BAIG,
AGE: 45 YEARS,
(C) SRI. JAFFER BAIG
S/O LATE MEHMOOD BAIG,
AGED ABOUT 40 YEARS,
OCC: BUSINESS,
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RSA No. 196 of 2007
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(D) SRI. HASHISH BAIG
S/O LATE MEHMOOD BAIG,
AGED ABOUT 37 YEARS,
OCC: BUSINESS,
(E) SRI. SHAMSHIR BAIG
S/O LATE MEHMOOD BAIG,
AGE: 33 YEARS, OCC: BUSINESS,
(F) SMT. MALANBEE
D/O LATE MEHMOOD BAIG,
AGED ABOUT 41 YEARS,
OCC: HOUSEHOLD,
(G) SMT. NURSARAT
D/O LATE MEHMOOD BAIG,
AGED ABOUT 35 YEARS,
OCC: HOUSEHOLD,
(H) SMT. REHAMANA
D/O LATE MEHMOOD BAIG,
AGED ABOUT 32 YEARS,
OCC: HOUSEHOLD,
ALL ARE RESIDENT OF
TOPGALLI, HUMNABAD TOWN,
HUMNABAD TALUK,
BIDAR DISTRICT-585 330.
...RESPONDENTS
(SRI. SHIVAKUMR KALLOOR, ADVOCATE FOR R1(B);
SRI. HARSHAVARDHAN R.MALIPATIL, ADVOCATE FOR R2(B) &
R2(H);
V/O DTD. 27.10.2023, APPEAL AGAINST R1 (A, C, D, E, F, G)
IS DISMISSED;
R2(E) - SERVED)
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NC: 2024:KHC-K:124
RSA No. 196 of 2007
C/W RSA No. 195 of 2007
THIS RSA IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, PRAYING TO ALLOW THIS APPEAL AND
SET-ASIDE THE JUDGMENT AND DECREE DATED
19TH OCTOBER 2006 PASSED IN R.A.NO.36/1995 ON THE FILE
OF THE COURT OF CIVIL JUDGE (SR.DVN.), BASAVAKALYAN,
CAMP AT HUMNABAD AND THE JUDGMENT AND DECREE DATED
31.08.1995 PASSED IN O.S.NO.174/1982 ON THE FILE OF THE
COURT OF CIVIL JUDGE (JR.DVN.), HUMNABAD AND
CONSEQUENTLY DISMISS THE SUIT, AS PRAYED FOR.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
There is no representation on behalf of the appellant
and perusal of the order sheet would indicate that the
appellant is not interested to pursue the matter.
Accordingly, the appeals are dismissed for
non-prosecution.
Sd/-
JUDGE
LG
