Sri.Samiulla vs Smt.K.Sajida Khatoon
2024 Latest Caselaw 25624 Kant

Karnataka High Court

Sri.Samiulla vs Smt.K.Sajida Khatoon on 28 October, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                          NC: 2024:KHC:43397
                                                        RFA No. 1878 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                             BEFORE
                             THE HON'BLE MR JUSTICE H.P.SANDESH
                         REGULAR FIRST APPEAL NO. 1878 OF 2013 (RES)
                   BETWEEN:

                         SRI. SAMIULLA,
                         AGED ABOUT 65 YEARS,
                         S/O LATE ABDUL KHADAR,
                         NO. 57 AND 58,
                         NEW WAHEB HOTEL,
                         O.K ROAD, RAGIPET,
                         BANGALORE 02
                                                                ...APPELLANT
                   (BY SRI. S.G. HEGDE, ADVOCATE)

                   AND:

                   1.    SMT. K. SAJIDA KHATOON
                         AGED ABOUT 60 YEARS,
Digitally signed
by DEVIKA M              W/O LATE S.M. AYUB.
Location: HIGH
COURT OF           2.    SMT. A. SHAGUFTA NAGREEN,
KARNATAKA
                         D/O LATE S.M. AYUB,
                         W/O SHRI. MOHAMMED ASGAR,
                         AGED ABOUT 40 YEARS.

                   3.    SMT. A. ZOHRA JABEEN
                         D/O LATE S.M. AYUB,
                         W/O SHRI. T. MOHAMMED NASIR,
                         AGED ABOUT 40 YEARS.

                         ALL ARE RESIDING AT NO.20/1,
                            -2-
                                       NC: 2024:KHC:43397
                                     RFA No. 1878 of 2013




     KEMP ROAD, COLES PARK,
     BANGALORE 05.

4.   SRI. FAYAZULLA KHAN,
     AGED ABOUT 47 YEARS,
     S/O A. AZEEZULLA KHAN,
     NO.61, OLD KASAI ROAD,
     RAGIPET,
     BANGALORE 02.

5.   SRI A. AZEEZULLA KHAN,
     AGED ABOUT 80 YEARS,
     S/O LATE R. AHMED KHAN,
     R/AT. NO.11, KARPOORA ADAMSAB LANE,
     NAGARATHPET,
     BANGALORE 02
                                           ...RESPONDENTS
(BY SRI. S.N. SAMEER AND
    SRI. M.K. NIYAZUDDIN, ADVOCATES FOR R1 TO R3;
    R4 AND R5 ARE SERVED)

       THIS RFA IS FILED U/ORDER 41 RULE 1 R/W SEC 96 OF
CPC,    AGAINST   THE   JUDGEMENT   AND   DECREE    DATED
28.2.2013 PASSED IN Ex.1684/2012     ON THE FILE OF XI
ADDITIONAL JUDGE, MACT, BANGALORE, REJECTING THE
APPLICATION FILED U/ORDER 21 RULE 97 R/W SEC 151 OF
CPC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH
                                -3-
                                               NC: 2024:KHC:43397
                                          RFA No. 1878 of 2013




                       ORAL JUDGMENT

Appellant's counsel has not taken steps in respect of

the sole appellant and in spite of the court order dated

23.01.2020 and so also on 20.02.2020, wherein it was

ordered that if compliance is not effected before the closure

of office hours on that day, appeals shall sand dismissed for

non-prosecution. Matter was listed on 28.02.2020. On that

day, counsel made submission that steps have been taken.

Hence, office was directed to verify and issue notice to

respondent no.4 (a) to (f) and later, when the matter was

listed on 28.06.2021, no representation was made by

appellant's counsel. Further, matter was listed on

20.01.2023, wherein two weeks time was granted on that

day.

2. Having perused the order sheet, it is noticed that steps

have not been taken to bring the LRs of respondent no.4

from 2020 and hence, the appeal is dismissed as abated.

Sd/-

(H.P.SANDESH) JUDGE rs