Regular Second Appeal dismissed for non-prosecution as appellants failed to comply with office objections within the granted time.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25th DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO. 1951 OF 2018
BETWEEN
ASHWATHAMA I M E
S/O HANUMANTHARAYAPPA,
SINCE DECEASED BY HIS LRS
S/O LATE K ASWATHAMA
AGED ABOUT 59 YEARS
2. NARASIMHAPRASAD
S/O LATE K ASWATHAMA
AGED ABOUT 54 YEARS
3. B V PRAMILA
W/O LATE K ASWATHAMA
AGED ABOUT 79 YEARS
ALL ARE R/O HOUSE NO.26/40, 36TH "A" CROSS, 28TH MAIN, 9TH BLOCK, JAYANAGAR, BENGALURU-560 060
...Appellants
(By Sri./Smt : N S BHAT)
…2
2
RSA NO. 1951/2018
AND
S/O MOHAMMED BASHA SAB AGED ABOUT 51 YEARS
AGED ABOUT 46 YEARS,
W/O LATE ABDUL SAMMAD,
AGED ABOUT 72 YEARS
…3
3
RSA NO. 1951/2018
S/O LATE ABDUL SAMMAD, AGED ABOUT 50 YEARS
C) ILAHI S/O LATE ABDUL SAMMAD, AGED ABOUT 48 YEARS
D) ADIL S/O LATE ABDUL SAMMAD, AGED ABOUT 44 YEARS ALL (A) TO (D) ARE R/O NEAR ASHURKHANA 1ST BLOCK, MASITHEE MOHALLA, MADHUGIRI TOWN-572 132
E) SABEERA
W/O MUJEEB, AGED ABOUT 46 YEARS C/O DASTHAGIRI SAB, MUTTEN MERCHANT, SRIRAMANAGARA, 7TH CROSS, TUMKUR-572 103
F) RESHMA W/O SARDAR PASHA, AGED ABOUT 42 YEARS AT K.E.B.QUARTERS, KUNIGAL-572 130 TUMKUR DISTRICT
…4
RSA NO. 1951/2018
4
W/O AHAMED KHURESHI, AGED ABOUT 40 YEARS R/AT VENKATESHAPURA KARIYAPPAN, K.G.HALLI, OPP.SHABUDIN MASJID, BENGALURU-560 040
DEAD BY HER LR
D/O LATE CHANDAPASHA AGED ABOUT 30 YEARS BOTH ARE R/AT 1ST BLOCK, KUMBARA BEEDI, MADHUGIRI TOWN-572 132
W/O AYATHASAB AGED ABOUT 67 YEARS
R/AT 1ST BLOCK KUMBARA BEEDI MADHUGIRI TOWN-572 132
…5
RSA NO. 1951/2018
5
W/O ABDUL RAHOOF AGED ABOUT 72 YEARS R/AT POR HOUSE COLONY, TUMKUR TOWN-572 103
W/O DASTHAGIRI AGED ABOUT 70 YEARS R/AT SRIRAMANAGARA TUMKUR TOWN-572 103
SINCE DEAD BY LRS
S/O MOHAMMED HUSSAIN AGED ABOUT 72 YEARS
S/O MOHAMMED HUSSAIN AGED ABOUT 72 YEARS BOTH ARE R/AT 1ST BLOCK, KUMBARA BEEDI, MADHUGIRI TOWN-572 132
W/O M P GANESH, AGED ABOUT 47 YEARS
R/AT RAMEGOWDANAGALLI,
…6
6
RSA NO. 1951/2018
14TH WARD, PAVAGADA ROAD,
MADHUGIRI TOWN-572 132
AGED ABOUT 50 YEARS
R/AT BEHIND GOWTHAMABUDDHA COLLEGE,
RAGHAVENDRA EXTENSION,
MADHUGIRI TOWN-572 132 …Respondent
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 10.10.2013 PASSED IN R.A.NO.160/2006 ON THE FILE OF THE ADDL. SENIOR CIVIL AND JMFC, MADHUGIRI, DISMISSING THE APPEAL AND ALSO DISMISSING THE CROSS APPEAL AND CONFIRMING THE FINDINGS ON ISSUE NO.2 FILED AGAINST THE JUDGMENT AND DECREE DATED 01.09.2006 PASEED IN O.S.NO.117/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.), MADHUGIRI.
This Regular Second Appeal coming on for Orders, this day the Court made the following Order:-
ORDER
Three weeks time is granted to comply with the office objections, failing which, the appeal shall stand dismissed for non-prosecution without reference to Bench.
Sd/-
JUDGE
…7
RSA NO. 1951/2018
7
NOTE : Vide Court Order dated 25.09.2021, office objections are not complied with, hence appeal shall stand dismissed.
COPY
Sd/ASSISTANT REGISTRAR
T By: BSL R By: HKV C By: DS Ty Date: 31.01.2022 C Date: 31.01.2022
ASHWATHAMA I M E
A BANUPRAKASH
NARASIMHAPRASAD
B V PRAMILA
SMT MAQBAL JHAN W/O MOHAMMED BASHA SAB
MOHAMMED BASHA SAB
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
