Sri Shakil vs Sri Syed Rafic Ahmed
2026 Latest Caselaw 317 Kant

Karnataka High Court

Sri Shakil vs Sri Syed Rafic Ahmed on 20 January, 2026

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                  -1-
                                                           NC: 2026:KHC:3198
                                                          RSA No. 29 of 2025


                   HC-KAR


                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 20TH DAY OF JANUARY, 2026

                                             BEFORE

                            THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                       REGULAR SECOND APPEAL NO. 29 OF 2025 (DEC/INJ)

                  BETWEEN:

                  SRI SHAKIL
                  AGE 55 YEARS,
                  S/O LATE S.M. SHAFI,
                  R/AT NO.1,
                  NANDIDURGA ROAD,
                  BENGALURU - 560 046,
                                                                 ...APPELLANT

                  (BY SRI SHIVAKUMAR D M., ADVOCATE - ABSENT)

                  AND:

                  1.     SRI SYED RAFIC AHMED
                         AGED ABOUT 70 YEARS
                         S/O LATE ABDUL REHMAN,
                         R/A NO.7,
                         MUNISHAMAPPA LAYOUT,
Digitally signed by      ST. THOMAS TOWN,
ANUSHA V                 LINGARAJPURA,
Location: High           BENGALURU- 560 084.
Court of
Karnataka         2.     SRI. MUKUNDA,
                         MAJOR,
                         S/O LATE G.K. MURTHY
                         R/AT C/O SUNITHA GOPALAN,
                         NO.12, 1ST CROSS,
                         SHANKARAPURAM,
                         BENGALURU -560 004.

                  3.     SRI GHOUSIA
                         AGED ABOUT 40 YEARS,
                         W/O LATE MOHAMMED ASLAM
                                -2-
                                              NC: 2026:KHC:3198
                                            RSA No. 29 of 2025


 HC-KAR

4.   ZAMEER TAJ,
     AGED ABOUT 38 YEARS,
     W/O ABDUK FAIROZ,

5.   SYED DADA PEER,
     AGED ABOUT 36 YEARS,
     S/O LATE SYED MEHBOOB SAB,

6.   SYED ROUSHAN
     AGED ABOUT 34 YEARS,
     S/O LATE SYED MEHBOOB SAB,

     ALL ARE R/O NO.245,
     MASJID ROAD, 5TH CROSS,
     BENGALURU NORTH,
     BENGALURU 560 064.
                                                  ...RESPONDENTS

      THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE

JUDGMENT     AND   DECREE   DATED    13.12.2024   PASSED   IN   RA

NO.55/2018 ON THE FILE OF IX ADDITIONAL DISTRICT AND

SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU.,

ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND

DECREE DATED 20.09.2017 PASSED IN OS NO.2579/2006 ON THE

FILE OF PRL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT,

BANGALORE.


      THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
                                       -3-
                                                       NC: 2026:KHC:3198
                                                     RSA No. 29 of 2025


 HC-KAR


                           ORAL JUDGMENT

This matter is listed for orders on non-compliance of

office objections for fifth time. Despite sufficient opportunity

having been granted for compliance earlier, appellant was

directed to comply with office objections till closure of Court

hours. However, there is no representation and office

objections remained un-complied. This would indicate that

appellant is not diligently pursuing appeal. Appeal is dismissed

for non-prosecution.

Sd/-

(RAVI V HOSMANI) JUDGE

AV List No.: 2 Sl No.: 82