Karnataka High Court
Zahooruddin And Ors vs Khaja Mohiuddin And Ors on 28 October, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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RFA No. 200096 of 2017
C/W RFA No. 200097 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
REGULAR FIRST APPEAL NO.200096 OF 2017 (PAR/POS)
C/W
REGULAR FIRST APPEAL NO.200097 OF 2017
IN R.F.A.NO.200096/2017:
BETWEEN:
1. ZAHOORUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 37 YEARS,
Digitally signed by
OCC: AGRICULTURE & BUSINESS,
VARSHA N
RASALKAR
Location: HIGH 2. FAQRUDDIN
COURT OF
KARNATAKA S/O KHAMARUDDIN TASHE,
AGE: 35 YEARS,
OCC: AGRICULTURE & BUSINESS,
3. SHARFUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 29 YEARS,
OCC: AGRICULTURE & BUSINESS,
4. AISHA
D/O KHAMARUDDIN TASHE,
AGE: 27 YEARS,
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OCC: HOUSEHOLD,
5. FARANA BEGUM
W/O KHAMARUDDIN TASHE,
AGE: 56 YEARS,
OCC: HOUSEHOLD,
ALL R/O: GOGI-PETH VILLAGE,
TQ: SHAHAPUR,
DIST: YADGIRI
PRESENTLY AT H.NO.201, EKTA SOC,
GILBERT HILL, ANDHERI (WEST) MUMBAI,
MAHARASHTRA STATE.
...APPELLANTS
(BY SRI ASADULLA AMANULLA, ADVOCATE)
AND:
1. KHAJA MOHIUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 38 YEARS,
OCC: AGRICULTURE & BUSINESS,
2. NOORUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 35 YEARS,
OCC: AGRICULTURE & BUSINESS,
3. MOHD. SHAMSUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 32 YEARS,
OCC: AGRICULTRURE & BUSINESS,
4. MERAJ BANU
W/O SHAIK KHAN &
D/O QAMARUDDIN TASHE,
AGE: 30 YEARS,
OCC: HOUSEHOLD,
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5. SHAMEEN BEGUM
W/O ZAMARUDDIN TASHE,
AGE: 58 YEARS,
OCC: HOUSEHOLD,
ALL R/O:GOGI PETH VILLAGE,
TQ: SHAHAPUR, Deleted as per
DIST: YADGIR order dated
PRESENTLY AT FLAT NO.202/A-WIND EKTHA, 15.11.2023.
CO-OPERATIVE HOUSING SOCIETY,
NEAR MOHAMMADI MASJID, GILL-BERT,
NEAR JANATA COLONY, ANDHERI (WEST)
MUMBAI - 400 058.
6. SALAUDDIN
S/O QAMARUDDIN TASHE,
C/O MOHAMMAD IBRAHIM LAHORI,
H.NO.11-1219/B, HAJI YOUSUF COMPOUND,
MSK MILLS ROAD, KALABURAGI - 585 102.
7. KHAJABEE
W/O SHARFUDDIN TASHE,
AGE: 83 YEARS,
OCC: HOUSEHOLD,
R/O: GOGIPETH, TQ: SHAHAPUR,
PRESENTLY AT GILBERT HILL ROAD,
ANDERI MUMBAI - 400 058 (MAHARASTRA).
8. NASEERUDDIN
S/O QAMARUDDIN TASHE,
AGE: 33 YEARS,
OCC: AGRICULTURE & BUSINESS,
9. SHAHABUDDIN
S/O QAMARUDDIN TASHE,
AGE: 31 YEARS,
OCC: AGRICULTURE & BUSINESS,
BOTH R/O: GOGI-PETH VILLAGE,
TQ. SHAHAPUR, DIST: YADGIRI.
PRESENTLY AT H.NO.201, EKTA SOCIETY,
GILBERT HILL, ANDHERI (WEST)
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HC-KAR
MUMBAI - 400 058, (MAHARASHTRA).
...RESPONDENTS
(BY SRI M.M.PATIL, ADVOCATE FOR R1, R2 AND R4;
SRI RAMACHANDRA K., ADVOCATE FOR R6;
NOTICE TO R3 AND R9 ARE SERVED;
V/O DATED 03.01.2020, NOTICE TO R7 AND R8 ARE HELD
SUFFICIENT;
V/O DATED 05.11.2023, R5 IS DEAD AND R1 TO R4 ARE THE
LRS OF R5)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF READ WITH ORDER 41 RULE 1 OF CIVIL PROCEDURE
CODE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
IN O.S.NO.41/2009 BY THE LEARNED SENIOR CIVIL JUDGE AT
SHORAPUR DATED 29.11.2016 PARTLY DECREEING THE SUIT
OF THE PLAINTIFF / RESPONDENT FOR THE PURPOSE OF
DIVISION BY METES AND BOUNDS AGAINST EH APPELLANT /
DEFENDANTS AND AWARD COST OF PROCEEDINGS TO
APPELLANT AND ETC.
IN R.F.A.NO.200097/2017
BETWEEN:
1. ZAHOORUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 33 YEARS,
OCC: AGRICULTURE & BUSINESS,
2. FAKHRUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 32 YEARS,
OCC: AGRICULTURE & BUSINESS,
3. NASEERUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 31 YEARS,
OCC: AGRICULTURE & BUSINESS,
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4. SHAHABUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 26 YEARS,
OCC: AGRICULTURE & BUSINESS,
5. SHARFUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 24 YEARS,
OCC: AGRICULTURE & BUSINESS,
6. AISHA
D/O KHAMARUDDIN TASHE,
AGE: 24 YEARS,
OCC: HOUSHEOLD,
7. FARANA BEGUM
W/O KHAMARUDDIN THASHE,
AGE: 56 YEARS,
OCC: HOUSEHOLD,
ALL R/O: GOGI-PETH VILLAGE,
TQ: SHAHAPUR,
DIST: YADGIRI
PRESENTLY AT H.NO.201, EKTA SOC,
GILBERT HILL, ANDHERI (WEST) MUMBAI,
MAHARASHTRA STATE.
...APPELLANTS
(BY SRI ASADULLA AMANULLA, ADVOCATE)
AND:
1. KHAJA MOHIUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 43 YEARS,
OCC: PRIVATE SERVICE,
2. NOORUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 37 YEARS,
OCC: PRIVATE SERVICE,
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3. MOHD. SHAMSUDDIN
S/O KHAMARUDDIN TASHE,
AGE: 26 YEARS,
OCC: AGRICULTRURE & BUSINESS,
4. MERAJ BANU
W/O SHAIK KHA &
D/O QAMARUDDIN TASHE,
AGE: 40 YEARS,
OCC: HOUSEHOLD,
5. SHAMEEN BEGUM
D/O BANU MIYAN
AGE: 65 YEARS,
OCC: HOUSEHOLD,
ALL R/O:FLAT NO.202/A-WIND EKTHA,
CO-OPERATIVE HOUSING SOCIETY,
NEAR MOHAMMADI MASJID, GILL-BERT,
NEAR JANATA COLONY, ANDHERI (WEST)
MUMBAI - 400 058.
6. SALAUDDIN
S/O KHAMARUDDIN TASHE,
C/O MOHAMMAD IBRAHIM LAHORI,
H.NO.11-1219/B, HAJI YOUSUF COMPOUND,
MSK MILLS ROAD, KALABURAGI - 585 102.
7. ALLAUDDIN
S/O KHAJA MEERA TASHE,
AGE: 83 YEARS,
OCC: NIL,
R/O: GOGIPETH, TQ: SHAHAPUR,
DIST: YADGIR.
8. GURUNATH REDDY
S/O BHIMANNA GOUDA VANDAGNOOR,
AGE: 57 YEARS,
OCC: AGRICULTURE,
R/O: YADGIR - 585 223.
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9. MD. ISMAIL
S/O KHAJA SAB CHOUDRY,
AGE: 47 YEARS,
OCC: AGRICULTURE,
R/O: VILLAGE GOGI-K,
TQ. SHAHAPUR,
DIST: YADGIRI - 585 309.
10. NILOFAR FATHIMA
W/O ZAHOORUDDIN,
AGE: 26 YEARS,
OCC: HOUSHEOLD,
R/O: GOGI-PETH,
TQ: SHAHAPUR,
DIST: YADGIRI - 585 309.
...RESPONDENTS
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF READ WITH ORDER 41 RULE 1 OF CIVIL PROCEDURE
CODE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
IN O.S.NO.34/2012 BY THE LEARNED SENIOR CIVIL JUDGE AT
SHORAPUR DATED 29.11.2016 PARTLY DECREEING THE SUIT
OF THE PLAINTIFF / APPELLANT AND ALLOW THE APPEAL BY
INCLUDING THE SUIT SCHEDULE PROPERTY AT ITEM NO.1 FOR
THE PURPOSE OF DIVISION BY METES AND BOUNDS AGAINST
THE RESPONDENTS.
THESE REGULAR FIRST APPEALS COMING ON FOR FINAL
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
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HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
These two regular first appeals are filed against the
judgment and decree dated 29.11.2016 passed in
O.S.Nos.41/2009 and 34/2012.
2. When the matter was posted on 31.08.2024, none
appear for the appellants in RFA No.200096/2017 and hence
the matter was adjourned. Again when the matter was called
on 15.01.2025, 07.02.2025, 04.07.2025, 30.07.2025,
01.09.2025, none appears for the appellants.
3. Even today when the matter is called, none appears
for the appellants. It appears that the appellants are not
interested in prosecuting these appeals.
4. Accordingly, the appeals are dismissed for non-
prosecution.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
BL
