Karnataka High Court
Smt. Sabira Bi vs Smt. Farida Banu on 22 October, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
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NC: 2024:KHC:42513-DB
RFA No. 1083 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
REGULAR FIRST APPEAL NO. 1083 OF 2015 (PAR)
BETWEEN:
1. SMT. SABIRA BI,
W/O LATE P. HABIBULLA SAB,
AGED ABOUT 80 YEARS,
HOUSEHOLD,
R/O NEAR SHIVAJI MATH,
NADUVALPET, HARIHAR 577 601.
2. SRI. ABDUL REHAMAN
S/O LATE P. HABIBULLA SAB,
AGED ABOUT 55 YEARS,
AUTOMOBILE SHOP,
R/O SIDE OF THE RAILWAY LINE,
OLD PB ROAD,
AMARAVATHI VILLAGE,
Digitally signed by
SHAKAMBARI HARIHAR TALUK 577 601.
Location: HIGH
COURT OF
KARNATAKA 3. SRI. JAFFAR ALI,
S/O LATE P. HABIBULLA SAB,
AGED ABOUT 48 YEARS,
SWEET MERCHANT
R/O NEAR SHIVAJI MATH,
NADUVALPET,
HARIHAR 577 601.
4. SRI. NASIR ALI,
S/O LATE P. HABIBULLA SAB,
AGED ABOUT 48 YEARS,
FABRICATION WORK,
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NC: 2024:KHC:42513-DB
RFA No. 1083 of 2015
R/O DODDIBEEDI,
HARIHAR 577 602.
5. SRI. MAMNOOR ALI,
S/O LATE P. HABIBULLA SAB,
AGED ABOUT 35 YEARS,
FABRICATION WORK,
R/O DODDIBEEDI,
HARIHAR 577 602.
...APPELLANTS
(BY SRI. KALEEMULLAH SHARIFF, ADVOCATE)
AND:
1. SMT. FARIDA BANU
W/O D.M. RIZWANULLA
AGED ABOUT 53 YEARS,
R/O 1ST MAIN,
1ST CROSS,
TIPPUNAGAR,
HARIHAR 577 602.
2. SMT. SAIDA BANU
W/O D.M. YUNUS SAB
AGED ABOUT 51 YEARS,
R/O PATHANAGERI
HARAPANAHALLI 583 131.
3. SMT. SULTANA BANU
W/O T. ABDUL RAZAK SAB
AGE: 42, R/O RAZAULLA
MASTAFNAGAR 1ST MAIN,
1ST CROSS,
DAVANGERE 577 002.
...RESPONDENTS
(BY SRI. R. GOPAL, ADVOCATE FOR R1 TO R3)
THIS RFA IS FILED UNDER SEC.96, R/W ORDER XLI,
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
DATED 25.03.2015 PASSED IN O.S NO.18/2012 ON THE FILE
OF THE SENIOR CIVIL JUDGE, HARIHAR. DECREEING THE SUIT
FOR PARTITION.
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NC: 2024:KHC:42513-DB
RFA No. 1083 of 2015
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
and
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
On 1.10.2024 this Court passed the following order :
"None appears for the appellants.
On 17.09.2024, finally two weeks time was
granted to file paper book with an observation that
failing which, list for dismissal today i.e., on
01.10.2024. Till today, paper books are not filed.
Though there is no justification to grant further
time, in the interest of justice, further two weeks
time is granted to file paper book, on payment of
cost of Rs.5,000/- payable to the 'Advocates Welfare
Fund', failing which, list for dismissal on
22.10.2024."
2. Till this date, paper book is filed or cost as imposed
is deposited. Sri Kaleemullah Shariff, learned counsel for
the appellants submits that appellants have not come
forward to file paper book and he seeks for further time to
file paper book.
NC: 2024:KHC:42513-DB
3. There is no justification to grant further time.
Appeal stands dismissed.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
rs
