Karnataka High Court
Hafeejabeegum And Ors vs Nazeer Ahmed And Ors on 25 January, 2025
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NC: 2025:KHC-K:515
RSA No. 200183 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
REGULAR SECOND APPEAL NO.200183 OF 2024 (-)
BETWEEN:
1. SMT. HAFEEJABEGUM
WIFE OF MOHAMMED HUSASIN INAMDAR @ MULLA
AGED ABOUT 70 YEARS
RESIDING HUDCO COLONY VIJAYAPURA
2. MAMTAZ BEGUM
W/O ANWAR MOGAL @ MIRJA,
AGE: 81 YEARS,
OCC: HOUSEHOLD WORK
R/O. NEAR CIVIL HOSPITAL,
JAMKHANDI,
TQ: JAMKHANDI,
Digitally signed by DIST: BAGALKOT
SHIVALEELA
DATTATRAYA
UDAGI
3. ASHRAFBI
Location: HIGH
COURT OF W/O ISMAIL RAJA-WADKER
KARNATAKA AGE: 81 YEARS
R/O. AFREEN BUILDING, B' WING
1ST FLOOR, FLAT NO.105,
CHANYAKYA NAGAR
SHANKAR MANDIR ROAD,
MUMBAI (MAHARASHTRA).
4. RAZIA BEGUM
W/O ABDUL
AGE: 76 YEARS
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RSA No. 200183 of 2024
R/O. KASAVELI SAHE AFAR
TQ. & DIST. RATANAGERI.
5. SHAMSHADBEGUM
W/O ABDULRAZAK MAKANDAR
AGE: 71 YEARS,
OCC: HOUSEHOLD WORK
R/O. HUDCO COLONY
VIJAYAPURA
...PETITIONERS
(BY SRI. PUNITH MARKAL, ADVOCATE)
AND:
1. NAZEER AHMED
S/O NABILAL INAMDAR @ MULLA
AGE: MAJOR
RESIDING AT HORTI
TQ.& DIST. VIJAYAPURA
SRI. ABDUL REHAMAN
S/O NABILAL INAMDAR @ MULLA
SINCE DECEASED BY HIS LRS
2. SMT. RIYANA
W/O ABDUL REHAMAN INAMDAR @ MULLA
AGE: 52 YEARS
R/O BABANAGAR
TQ. & DIST. VIJAYAPURA
3. SRI. UMAR FAROOQ
S/O ABDUL REHAMAN INAMDAR @ MULLA,
AGE: 27 YEARS
OCC: BUSINESS
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RSA No. 200183 of 2024
4. SMT. REHAMATBI
W/O AYUB INAMDAR @ MULLA,
AGE MAJOR
OCC: HOUSEHOLD WORK
R/O HORTI
TQ INDI, DIST VIJAYAPURA
5. SRI. SHAKEEL
S/O MOHAMMAD HANIF INAMDAR @ MULLA,
AGED MAJOR,
OCC: AGRICULTURE,
R/O. HORTI, TQ: INDI,
DIST: VIJAYAPURA.
6. SRI. MEHABOOB
S/O MOHAMMAD HANIF INAMDAR MAJOR @ MULLA,
AGE: MAJOR,
R/O. HORTI, TQ: INDI,
DIST: VIJAYAPURA.
ALL PRESENTLY
BESIDE ROYAL RESIDING MARRIAGE AT HALL,
GYANG BAWADI, VIJAYAPURA.
7. SRI. MAKTUMSAB
S/O BADASHYA IAMDAR DEEN @ MULLA,
AGE: MAJOR,
OCC: AGRICULTURE,
R/O. MOHAMMAD D INAMDAR,
C/O. BOMBAY STATIONERY SHOP,
SAKAF ROZA, VIJAYAPURA.
8. SRI. RAFEEQ AHMED
S/O DEENABADASHY INAMDAR MULLA,
AGE. MAJOR,
OCC: AGRICULTURE,
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RSA No. 200183 of 2024
R/O. KIRANA SHOP,
NEAR ITAGI PETROL PUMP,
AFZALPUR TAKKE ROAD,
VIJAYAPURA.
SRI. BASHEER AHMED
S/O DEENABADASHYA INAMDAR @ MULLA
SINCE DEAD HIS LRS
9. JAIBUNNISA
S/O BASHEER AHMED INAMDAR @ MULLA,
AGE: 72 YEARS,
OCC: HOUSEHOLD WORK
10. SMT. NASREENBANU
W/O DONGRISAB HIPPARAG,
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK,
11. DEENBADASHYA
S/O BASHEER AHMED INAMDAR,
AGE: 45 YEARS,
OCC: AGRICULTURE,
12. SMT. ASMA SATARKAR
W/O JAVEED SATARKAR,
AGE: 37 YEARS,
OCC: HOUSEHOLD WORK,
ALL R/O FARM HOUSE,
NEAR NEW VILLAGE,
HORTI, TQ: INDI,
DIST. VIJAYAPURA.
13. SRI. MEHABOOB
S/O DEEN BADASHYA INAMDAR @ MULLA,
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RSA No. 200183 of 2024
AGE: MAJOR,
OCC: AGRICULTURE,
R/O. MOHAMMAD D INAMDAR,
C/O BOMBAY STATIONERY SHOP,
SAKAF ROZA, VIJAYAPURA.
14. SRI. MEHABOOB
S/O DEEN BADASHYA INAMDAR @ MULLA,
OCC: AGRICULTURE,
AGE: MAJOR,
R/O. KEERTI NAGAR,
NEAR VEGITABLE MARKET,
VIJAYAPURA.
15. SRI. LUKMANAHMED
S/O BANDE ALI INAMDAR @ MULLA
AGE: MAJOR
R/O. NEAR HORTI
TQ. INDI
DIST. VIJAYAPURA.
16. SRI. ASFAQ
S/O BANDE ALI INAMDAR @ MULLA
AGE: MAJOR
R/O. NEAR KANNADA SCHOOL HUDCO,
VIJAYAPURA.
SRI. ABDULKHADAR
S/O DASTAGIR SAB INAMDAR @ MULLA
SINCE DIED HIS LRS
17. SMT. ZAJEDABEGUM
W/O ABDULKHADAR INAMDAR,
AGE: 67 YEARS
OCC: HOUSEHOLD WORK,
R/O. DEVNAGAR 1ST CROSS,
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RSA No. 200183 of 2024
NEAR GOA MEDICAL STORE, BELLARY,
TQ. DIST. BELLARY
18. SMT. SAMIMBANU
D/O ABDULKHADAR INAMDAR,
AGE: 47 YEARS
OCC: HOUSEHOLD WORK,
R/O. DEVNAGAR 1ST CROSS,
NEAR GOA MEDICAL STORE
BELLARY
TQ: DIST: BELLARY
19. SMT. PRAVEENBANU ABDULKHADAR INAMDAR
AGE: 45 YEARS,
OCC: HOUSEHOLD WORK,
R/O. DEVNAGAR 1ST CROSS,
NEAR GOA MEDICAL STORE,
TQ:DIST: BELLARY. BELLARY.
20. RASHEED AHMED
S/O DASTAGIRSAB INAMDAR @ MULLA,
AGE: MAJOR,
OCC: PRIVATE SERVICE
R/O. HUNNUR BAKERY
OPP SHREYAS TALKIES
BEEJ ROAD
AT/POST:NADIYAD
TQ:NADIYAD, DIST:KHED.(GUJARAT).
SHAJADEBEGUM
W/O ALLABAX INAMDAR
SINCE DIED BY HIS LRS
21. AMEERABI
W/O AKBAR
AGE: 53 YEARS
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OCC: HOUSEHOLD WORK,
R/O. KONKAN NAGAR, RATNAGERI
22. MAHEBOOBBI
W/O UBEDULLA NATHARSHA
AGE: 50 YEARS
OCC: HOUSEHOLD WORK,
R/O. NEAR GANDHI SCHOOL,
GYANG BAWADI
VIJAYAPURA.
23. HAMEEDABI
W/O RAMZAN MASTAN
AGE: 43 YEARS
OCC: HOUSEHOLD WORK,
R/O. C/O M. U NATHARSHA,
NEAR GANDHI SCHOOL,
GYANG BAWADI
VIJAYAPURA.
...RESPONDENTS
(BY SRI. M.J. INAMADAR ADVOCATE FOR C/R R-1, R-5, R-6,
R-7, R-8, R-11 & R-13)
THIS REGULAR SECOND APPEAL UNDER SECTION 100
READ WITH ORDER 42 RULE 1 OF THE CODE OF CIVIL
PROCEDURE, 1908, PRAYING TO CALL FOR THE RECORDS IN
O.S.NO.257/2007 ON THE FILE OF SENIOR CIVIL JUDGE INDI
AT INDI 28.11.2018 AND R.A.NO.29/2019 DATED 20.12.2023
ON THE FILE OF THE FIRST ADDITIONAL DISTRICT AND
SESSIONS JUDGE, VIJAYAPURA SET ASIDE BOTH JUDGMENTS
AND DECREES AND DISMISS THE SUIT OF THE PLAINTIFF,
AND/OR GRANT SUCH OTHER OR FURTHER RELIEF OR RELIEFS
AS THIS HON'BLE COURT MAY DEEM FIT IN THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2025:KHC-K:515
RSA No. 200183 of 2024
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MS JUSTICE J.M.KHAZI
ORAL JUDGMENT
(PER: HON'BLE MS JUSTICE J.M.KHAZI)
There is no representation for the appellants even
in the afternoon session.
2. This matter is coming up for compliance of
office objection 6th time. In fact on 22.10.2024
adjournment was granted by imposing cost of `500/-.
Despite providing several opportunities and imposing
costs, it appears the appellant is not interested in
prosecuting the appeal. Hence, the appeal is dismissed
for default.
Sd/-
(J.M.KHAZI)
JUDGE
SDU
