The High Court
Case Details
- 1 - NC: 2023:KHC:25592 RSA No. 873 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2023 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.873 OF 2021 (DEC/PAR) BETWEEN: 1. N.BASHA S/O ABDUL RAHAMAN SAB, DEAD BY HIS LRS' 1(a) JAREENA W/O LATE N.BASHA, AGED ABOUT 60 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 1(b) SHABANA D/O LATE N.BASHA, AGED ABOUT 34 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 1(c) ASHMA D/O LATE N.BASHA, AGED ABOUT 32 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 1(d) NAGMA @ KARIRUNNISA D/O LATE N.BASHA, AGED ABOUT 25 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:25592 RSA No. 873 of 2021 2. N.ATAULLA S/O ABDUL RAHAMAN SAB, DEAD BY LRS' 2(a) SHABEENA W/O ATAULLA, AGED ABOUT 53 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 2(b) SHAMIULLA S/O ATAULLA, AGED ABOUT 25 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 2(c) MANSOOR S/O ATAULLA, AGED ABOUT 22 YEARS, MINOR, REPRESENTED BY HIS MOTHER APPELLANT NO.2(a) SHABEENA W/O ATAULLA, AGED ABOUT 53 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. 2(d) KALIMULLA S/O ATAULLA, AGED ABOUT 20 YEARS, MINOR, REP BY HIS MOTHER APPELLANT NO.2(a) SHABEENA W/O ATAULLA, AGED ABOUT 53 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT - 577 201. - 3 - NC: 2023:KHC:25592 RSA No. 873 of 2021 2(e) SIMRAN S/O ATUALLA, AGED ABOUT 18 YEARS, MINOR, REPRESENTED BY HIS MOTHER - APPELLANT NO.2(a) SHABEENA, W/O ATAULLA, AGED ABOUT 53 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 3. 4. 5. H.HABIBULLA S/O ABDUL RAHAMAN SAB, AGED ABOUT 60 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.SAHIBULLA S/O ABDUL RAHAMAN SAB, AGED ABOUT 54 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.SHAFIULLA S/O ABUDL RAHAMAN SAB, AGED ABOUT 52 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
Legal Reasoning
(BY SRI. K.B.LOKANATH., ADVOCATE [ABSENT]) …APPELLANTS AND: 1. N.SHABIR AHMED S/O SABJAN SAB, AGED ABOUT 62 YEARS, R/O MANDIKERI, - 4 - NC: 2023:KHC:25592 RSA No. 873 of 2021 2. 3. 4. SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.RAHAMATH ULLA S/O SABJAN SAB, AGED ABOUT 60 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.SHAFIULLA S/O SABJAN SAB, AGED ABOUT 58 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.PRAVEEN S/O SABJAN SAB, AGED ABOUT 56 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 5. N.JABIN S/O SAJAN SAB DEAD BY LRS', 5(a) 5(b) AHMED SAB S/O IDRIS, AGED ABOUT 75 YEARS, RETD. MUNCIPAL WORKER, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. JUBAR S/O AHMED SAB, AGED ABOUT 45 YEARS, TEACHER, R/O KHAZI STREET, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. - 5 - NC: 2023:KHC:25592 RSA No. 873 of 2021 5(c) THAYAR S/O AHMED SAB, AGED ABOUT 43 YEARS, BUSINESS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 5(d) SYED IDRIS S/O AHMED SAB, AGED ABOUT 35 YEARS, BUSINESS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 5(e) SMT. FATHIMA BI W/O SYED FAROOQ, AGED ABOUT 45 YEARS, HOUSEHOLD, R/AT RAHAMANIYA SAWMILL, CHANDAGADH KERI, A/P: SHIRALKOPPA - 577 428, TQ SHIKARIPURA. 5(f) SMT. SALEEMA W/O KARIMA KHAN, AGED ABOUT 42 YEARS, HOUSEHOLD, R/O K.R.PURAM, 1ST CROSS, SHIVAMOGGA CITY. 5(g) SMT. NAYIMA W/O SHABBIR SAB, AGED ABOUT 40 YEARS, HOUSEHOLD, R/O 1ST CROSS, VIDYANAGARA, SHIKARIPURA - 577 427. 6. N.AKTHAR BI D/O SABJAN SAB, - 6 - NC: 2023:KHC:25592 RSA No. 873 of 2021 7. 8. 8(a) 8(b) AGED ABOUT 72 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.ALTAF BI D/O SABJAN SAB, AGED ABOUT 70 YEARS, R/O MANDIKERI, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. N.FAIDA BAI S/O SABJAN SAB, DEAD BY LRS, ZAKA S/O CHOTA SAB, AGED ABOUT 75 YEARS, BUSINESS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. FAIROZ S/O JAKA, AGED ABOUT 45 YEARS, BUSINESSMAN, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 8(c) AFREZ S/O JAKA, AGED ABOUT 41 YEARS, BUSINESSMAN, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. - 7 - NC: 2023:KHC:25592 RSA No. 873 of 2021 9. 10. 11. 12. N.ASHIYA BI D/O SABJAN SAB, AGED ABOUT 66 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. N.RAKIYA BI D/O SABJAN SAB, AGED ABOUT 54 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. THE MANAGER URBAN CO-OPERATIVE BANK LTD., SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. SMT. AMINA BI, W/O SABJAN SAB, MAJOR, R/O MANDIKERI, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 13. HURAMBI W/O MADAR SAB, DEAD BY LRS, 13(a) KALEEL S/O MADAR SAB, AGED ABOUT 68 YEARS, DRIVER, R/O JAYANAGAR 1ST CROSS, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 13(b) JAMEEL AHMED, S/O MADAR SAB, DEAD BY LRS', - 8 - NC: 2023:KHC:25592 RSA No. 873 of 2021 13(b) (a) JAMSHAD-UNNISA W/O LATE JAMEEL AHMED, AGED ABOUT 50 YEARS, HOUSEHOLD, R/O 1ST CROSS, JAYANAGARA, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 13(b) (b) KALID S/O JAMEEL AHMED, AGED ABOUT 38 YEARS, R/O 1ST CROSS, JAYANAGARA, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 13(b) (c) MUJAID S/O JAMEEL AHMED, AGED ABOUT 38 YEARS, R/O 1ST CROSS, JAYANAGARA, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 13(b) (d) AKRAM S/O JAMEEL AHMED, AGED ABOUT 25 YEARS, MASON, R/O 1ST CROSS, JAYANAGARA, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. 13(b) (e) SHAKI S/O JAMEEL AHMED, AGED ABOUT 24 YEARS, COOLIE, R/O 1ST CROSS, JAYANAGARA, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT. (AMENDMENT CARRIED OUT AS PER COURT ORDER ON I.A.1 TO 3 & 5 TO 7) - 9 - NC: 2023:KHC:25592 RSA No. 873 of 2021 13(c) JAVID S/O MADAR SAB, AGED ABOUT 48 YEARS, MACHANIC, R/O BARMA NAGAR COLONY, SANTEBENNUR VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 13(d) SMT.JARINA W/O KARIM SAB, D/O MADAR SAB, AGED ABOUT 53 YEARS, R/O SOCIETY COLONY, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 13(e) SMT. MAQBAL UNNISA W/O SYED AHMED GODIYAL, AGED ABOUT 57 YEARS, R/O RATTEHALLI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT. 13(f) BIBI JAN W/O MASTAQ AHMED, AGED ABOUT 58 YEARS, R/O SAGAR ROAD QUARTERS, SAGAR TOWN, SHIVAMOGGA DISTRICT. 13(g) HASINA W/O HAZRATH ALI, AGED ABOUT 48 YEARS, R/O EDGA SIDE, BADAGI TALUK, HAVERI DISTRICT. 14. SHAHIDI DEAD BY LRS', - 10 - NC: 2023:KHC:25592 RSA No. 873 of 2021 14(a) K.ANWAR S/O KAZA SAB, AGED ABOUT 68 YEARS, R/O SOCIETY COLONY, 1ST CROSS, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 14(b) NISAR AHMED S/O KHAZA SAB, AGED ABOUT 63 YEARS, R/O SOCIETY COLONY, 1ST CROSS, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 15. SMT. AMITA BI W/O MEER HUSSAIN, SAB DEAD BY LRS', 15(a) IQBAL S/O LATE MEER HUSSAIN SAB, AGED ABOUT 73 YEARS, HAMALI, R/O JAYANAGARA 1ST CROSS, SHIKARIPUR TOWN. 15(b) MUNIR AHMED S/O LATE MEER HUSSAIN SAB, AGED ABOUT 66 YEARS, HAMALI, R/O JAYANAGARA, 1ST CROSS, SHIKARIPUR TOWN, 15(c) SMT. RASHIDA W/O HAMALI AMEER, AGED ABOUT 53 YEARS, R/O SOCIETY COLONY 1ST CROSS, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. 15(e) SMT. BATULLA W/O MANDAKKI SHABEER, - 11 - NC: 2023:KHC:25592 RSA No. 873 of 2021 16. 17. 18. 19. AGED ABOUT 52 YEARS, R/O URS NAGAR, CHANNENAHALLI ROAD, OPP. 2ND TURN, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT. SMT. NOORJAHAN W/O ABDUL KUDDUS, AGED ABOUT 73 YEARS, HOUSEHOLD, R/O B.R.GIRLS COLONY, QUARTERS, HOUSE NO.340, HASSAN DISTRICT. SMT. SHARFUNNISA W/O MOHAMMED YUSUF, AGED ABOUT 71 YEARS, HOUSEHOLD, R/O KOUSAR MASJID CIRCLE, CHANNAGIRI TOWN/TALUK, DAVANAGERE DISTRICT. SMT. MEHRUNNISA W/O BASHEER SAB, AGED ABOUT 63 YEARS, HOUSEHOLD, R/O HARIRA VILLAGE/POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. DILSHAD BEGUM W/O ISMAIL KHAN, MAJOR, R/O BUDEN NAGAR, BASAVAPATNA, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. 20. SMT. SHAMSHAD BEGUM W/O MAQBUL SAB, - 12 - NC: 2023:KHC:25592 RSA No. 873 of 2021 AGED ABOUT 53 YEARS, R/O OLD POST OFFICE KERI, SHIRALAKOPPA, SHIKARIPUR TALUK, SHIVAMOGGA DISTRICT. 21. 22. SMT. SAJJIDA BEGUM W/O NOOR AHMED, AGED ABOUT 50 YEARS, R/O KOTTUR ROAD, BESIDE FOOD OFFICE, JALINAGAR, DAVANAGERE DISTRICT. SMT. SHAMIM W/O WAJIR SAB, AGED ABOUT 53 YEARS, SANTEBENUUR VILLAGE, R/O BRAHMIN KERI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
Decision
ORDER When the matter is called, there is no representation on behalf of appellants either personally or through video conferencing. The captioned appeal is listed today for orders regarding non-compliance of office objections for fifth time. - 13 - NC: 2023:KHC:25592 RSA No. 873 of 2021 A perusal of the daily order sheet depicts that the appeal was listed before the Registrar (P & H) on several occasions and time was granted to comply office objections. As could be seen from the appeal papers, the appeal is filed in the year 2021. Now we are in the month of July 2023. It's almost been two years. So far, office objections are not complied. Despite giving several opportunities, the appellants have not instructed the counsel on record to comply office objections. As already noted above, when the matter is called, there is no representation on behalf of appellants either personally or through video conferencing. Hence, the Regular Second Appeal is dismissed for non-prosecution and also for non-compliance of office objections. Sd/- JUDGE TKN List No.: 1 Sl No.: 11