Arifulla Shariff vs Bangaru
2025 Latest Caselaw 10263 Kant

Karnataka High Court

Arifulla Shariff vs Bangaru on 14 November, 2025

Author: H.P.Sandesh

Bench: H.P.Sandesh

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                                                           NC: 2025:KHC:46836
                                                        RSA No. 1701 of 2024


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF NOVEMBER, 2025

                                              BEFORE

                             THE HON'BLE MR. JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO.1701 OF 2024 (INJ)

                   BETWEEN:

                   1.    ARIFULLA SHARIFF
                         S/O YAKUB SHARIFF
                         AGED ABOUT 60 YEARS
                         R/O SARGURU VILLAGE
                         CHANDAKAVADI HOBLI
                         CHAMARAJANAGAR DISTRICT-571313.
                                                                 ...APPELLANT

                          (BY SRI. SYED AKBAR PASHA, ADVOCATE - ABSENT)

                   AND:

                   1.    BANGARU
                         S/O VENKATARANGANAYAKA
Digitally signed         AGE: MAJOR
by DEVIKA M
                         R/O MEGALANAYAKA STREET
Location: HIGH
COURT OF                 CHAMARAJANAGARA TOWN-571313.
KARNATAKA
                         NAGANAYAKA
                         S/O SHANKARNAYAKA
                         SINCE DEAD BY LRS.

                   2.    DHANIYAKUMAR
                         S/O LATE NAGANAYAKA
                         AGED ABOUT 57 YEARS
                         R/O MEGALANAYAKA STREET
                         CHAMARAJANAGARA TOWN-571313.
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                                    NC: 2025:KHC:46836
                                RSA No. 1701 of 2024


HC-KAR




3.   C.N. SUBRAMANYA
     S/O LATE NAGANAYKA
     AGED ABOUT 53 YEARS
     R/O MEGALANAYAKA STREET
     CHAMARAJANAGARA TOWN-571313.

4.   PADMA
     D/O LATE NAGANAYKA
     AGED ABOUT 42 YEARS
     R/O MEGALANAYAKA STREET
     CHAMARAJANAGARA TOWN-571313.

5.   NAGENDRA
     S/O LATE NAGANAYAKA
     AGED ABOUT 40 YEARS
     R/O MEGALANAYAKA STREET
     CHAMARAJANAGARA TOWN-571313.

     C.S. SUNDARJU
     S/O SHANKARANAYAKA
     SINCE DEAD BY LRS

6.   RUKKAMMA
     W/O LATE SUNDARNAYKA
     AGED ABOUT 59 YEARS
     R/O MEGANYAKARA BEEDI
     CHAMARAJANAGARA TOWN-571313.

7.   MAMATHA
     D/O LATE SUNDARANAYKA
     AGED ABOUT 50 YEARS
     R/O MEGANYAKARA BEEDI
     CHAMARAJANAGARA TOWN-571313.

8.   LOKESH
     S/O LATE SUNDARANAYKA
     AGED ABOUT 44 YEARS
     R/O MEGANYAKARA BEEDI
     CHAMARAJANAGARA TOWN-571313.
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                                      NC: 2025:KHC:46836
                                    RSA No. 1701 of 2024


HC-KAR




9.   JAGADEESH
     S/O LATE SUNARANAYKA
     AGED ABOUT 43 YEARS
     R/O MEGANYAKARA BEEDI
     CHAMARAJANAGARA TOWN-571313.

10. SUNITHA
    D/O LATE SUNDARANAYKA
    AGED ABOUT 39 YEARS
    R/O MEGANYAKARA BEEDI
    CHAMARAJANAGARA TOWN-571313.
                                         ...RESPONDENTS

     THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 01.10.2024.
PASSED IN R.A.NO.05/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND CJM, CHAMARAJANAGARA,      DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE
DATED 15.12.2018 PASSED IN O.S.NO.190/2013 ON THE FILE
OF THE PRINCIPAL CIVIL JUDGE, CHAMARAJANAGARA.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

                  ORAL JUDGMENT

This matter is called twice, in the morning session

and also in the afternoon and no representation. This

Court also in the previous date of hearing i.e., on

30.10.2025, taken note of when the matter was listed on

15.10.2025, submission was made that senior counsel has

been admitted to the hospital and sought time and this

NC: 2025:KHC:46836

HC-KAR

Court granted time, but no representation in the previous

date also and hence, in the ends of justice, this Court has

given one more opportunity to the counsel for the

appellant and also made it clear that if the counsel for the

appellant does not appear on the next date of hearing, the

appeal will be dismissed for non-prosecution and inspite of

this order also, even today also the matter is called twice,

but no representation. Hence, second appeal is dismissed

for non-prosecution.

2. In view of dismissal of the appeal, I.As., if any

do not survive for consideration, the same stands disposed

of.

Sd/-

(H.P.SANDESH) JUDGE

RHS