Khaleel Khan vs Smt.Arasamma
2024 Latest Caselaw 22716 Kant

Karnataka High Court

Khaleel Khan vs Smt.Arasamma on 5 September, 2024

Author: V Srishananda

Bench: V Srishananda

                                          -1-
                                                  NC: 2024:KHC:36589
                                                RFA No. 1314 of 2015




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 5TH DAY OF SEPTEMBER, 2024

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  REGULAR FIRST APPEAL NO. 1314 OF 2015 (INJ)



            BETWEEN:

                  KHALEEL KHAN
                  S/O MOOSA KHAN
                  AGED ABOUT 54 YEARS,
                  RESIDING AT # 127, JHBCS LAYOUT,
                  J.P. NAGAR POST,
                  BANGALORE-560 078.
                  SINCE DEAD BY LEGAL REPRESENTATIVES

            1     SMT.NOOR SHABANA BEGUM
                  W/O LATE KHALEEL KHAN
                  AGED ABOUT 60 YEARS

            2.    DR.ASMA
Digitally         D/O LATE KHALEEL KHAN
signed by         AGED ABOUT 35 YEARS
MALATESH
KC          3.    SUHAIL KHAN.M.K
Location:         S/O LATE KHALEEL KHAN
HIGH              AGED ABOUT 27 YEARS
COURT OF
KARNATAKA         ALL ARE RESIDING AT D.NO.13
                  3RD MAIN, MINHAJ NAGAR
                  BENGALURU - 560 078
                                                        ...APPELLANTS
            (BY SRI SARAVANA S, ADVOCATE -ABSENT)
                               -2-
                                      NC: 2024:KHC:36589
                                    RFA No. 1314 of 2015




AND:

1.     SMT.ARASAMMA
       S/O LATE DODDANAGAHANUMAIAH,
       AGED ABOUT 62 YEARS,

2.     CHIKKAGALAPPA
       S/O NARAKALAPPA,
       AGED ABOUT 59 YEARS,

3.     SRI. N. GALAPPA
       S/O NARAKALAPPA,
       AGED ABOUT 57 YEARS,

4.     SRI. N. MURTHY
       S/O NARAKALAPPA,
       AGED ABOUT 54 YEARS,

5.   SRI. SAMPATH
     S/O NARAKALAPPA,
     AGED ABOUT 51 YEARS,
     SINCE DEAD BY LEGAL REPRESENTATIVES
5(a) SMT.GIRIJAMMA
     W/O LATE SAMPATH
     AGED ABOUT 58 YEARS

5(b) SMT.SHILPA
     W/O LATE VISHNUVARDHANA
     AGED ABOUT 33 YEARS

5(c)   SUNIL KUMAR
       S/O LATE SAMPATH
       AGED ABOUT 24 YEARS

6.     SRI D.MUNIYAPPA
       S/O NARAKALAPPA
       AGED ABOUT 48 YEARS

       ALL ARE RESIDING AT PATTANAGERE VILLAGE
       RAJARAJESHWARI NAGAR POST
                                -3-
                                            NC: 2024:KHC:36589
                                          RFA No. 1314 of 2015




       BENGALURU - 560 098

                                               ...RESPONDENTS

(BY SRI. SHARATH S GOWDA, ADVOCATE FOR R4;
R2 SERVED AND UNREPRESENTED;
VIDE ORDER DATED 18.11.2023 R2 TO R4 AND R6 ARE THE
LEGAL REPRESENTATIVES OF DECEASED R1 AND R5;
VIDE ORDER DATED 07.08.24, NOTICE TO R3 AND R6 IS HELD
SUFFICIENT)


      THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 31.07.2015
PASSED IN O.S.NO.1685/2007 ON THE FILE OF THE VII
ADDL.CITY CIVIL & SESSIONS JUDGE, BANGALORE CITY
(C.C.H.NO.19), DISMISSING THE SUIT FOR PERMANENT
INJUNCTION.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:      HON'BLE MR JUSTICE V SRISHANANDA


                            ORAL ORDER

Case called twice. None appears for the appellant even in

the second round of calling of cases. Paper books are not filed

despite granting sufficient time.

Accordingly, appeal stands dismissed for non prosecution.

Sd/-

(V SRISHANANDA) JUDGE