Karnataka High Court
Sri Ekbal Pasha Sab vs Sri Mohammed Gouse on 25 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:23409
RSA No. 1583 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
REGULAR SECOND APPEAL NO. 1583 OF 2014 (PAR)
BETWEEN:
SRI EKBAL PASHA SAB
S/O LATE ABDUL KHADAR
AGED ABOUT 72 YEARS
RESIDING AT NO. 4864/1
HULLINA BEEDI
K R MOHALLA
MYSORE-570001
...APPELLANT
(BY SRI. SRINIVASA D C.,ADVOCATE-ABSENT)
AND:
1. SRI MOHAMMED GOUSE
S/O LATE ABDUL KHADAR
AGED ABOUT 85 YEARS
RESIDING AT NO. 253
MUSLIM BLOCK, BEHIND MOSQUE
Digitally signed
by H D KOTE TOWN
NARAYANAPPA MYSORE DISTRICT-571114
LAKSHMAMMA
Location: HIGH 2. SMT ROSHANBI
COURT OF
KARNATAKA D/O ABDUL KHADAR
W/O GANNISAB
AGED ABOUT 83 YEARS
RESIDING AT HARAPURA VILLAGE
BELAGANAHALLI POST
KASABA HOBLI
H D KOTE TALUK
MYSORE DISTRICT-571114
3. SRI MOHAMMAD KHASIM
S/O LATE ABDUL KHADAR
AGED ABOUT 79 YEARS
-2-
NC: 2024:KHC:23409
RSA No. 1583 of 2014
RESIDING AT NO. 1448, 9TH CROSS,
RAGHAVENDRANAGARA EXTENSION,
SIDDARTHE NAGARA POST
MYSORE-570001
4. SRI DHASTAGIR @ MOHAMMAD DHASTAGIR
S/O LATE ABDUL KHADDAR
AGED ABOUT 77 YEARS
RESIDING AT NO. 7C/224
NOOR MOHALLA
KOLLEGALA TOWN
CHAMARAJANAGARA DISTRICT-570205
5. REHMATH
W/O LATE SHEIKH DAWOOD
AGED ABOUT 71 YEARS
6. SRI TANVEER
S/O LATE SHEIKH DAWOOD
AGED ABOUT 41 YEARS
7. SMT RESHMA
D/O LATE SHEIKH DAWOOD
AGED ABOUT 38 YEARS
8. SRI ZUBEER
S/O LATE SHEIKH DAWOOD
AGED ABOUT 34 YEARS
9. SRI THOORAB
S/O LATE SHEIKH DAWOOD
AGED ABOUT 31 YEARS
10. SRI REHAMATH
S/O LATE SHEIKH DAWOOD
AGED ABOUT 28 YEARS
11. SRI NOORI
S/O LATE SHEIKH DAWOOD
AGED ABOUT 26 YEARS
12. SMT KHOUSAR
D/O LATE SHEIKH DAWOOD
AGED ABOUT 21 YEARS
13. SRI TASHLEEM
-3-
NC: 2024:KHC:23409
RSA No. 1583 of 2014
S/O LATE SHEIKH DAWOOD
AGED ABOUT 19 YEARS
RESPONDENT NO. 5 TO 13 AUTORICKSHAW E
RESIDING AT NO. 256, H B ROAD
NEAR B C M HOSTEL
H D KOTE TOWN
MYSORE DISTRICT-57114
...RESPONDENTS
(R1 TO R2 SERVED AND UNREPRESENTED;
R3-HELD SUFFICIENT
V/O DATED 7.3.2024 R4 TO R13)
THIS RSA FILED UNDER SEC.100 OF CPC., PRAYING TO
ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE
PASSED BY THE HON'BLE FAST TRACK COURT, HUNSUR IN
R.A.NO.154/2013 DATED 04.03.2014 AND THE JUDGMENT AND
DECREE PASSED BY THE SENIOR CIVIL JUDGE, HUNSUR IN
O.S.NO.66/2008 DATED 21.02.2013 AND FURTHER ALLOT 1/6TH
SHARE OF THE APPELLANT IN THE SUIT SCHEDULE PROPERTY, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS RSA, COMING ON FOR FURTHER HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant though called twice in
the morning session and once in the afternoon session. It
appears that the appellant is not interested in prosecuting
the matter. The appeal is dismissed for non-prosecution.
Pending IAs. stand disposed.
Sd/-
JUDGE
PRS
