Appeal dismissed for non-prosecution after parties failed to comply with court's time grant to respond to office objections within three weeks. The order was passed in a regular second appeal filed under CPC s. 100.
Appeal dismissed for non-prosecution due to failure to comply with office objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON' BLE MR. JUSTICE E.S.INDIRESH
REGULAR SECOND APPEAL NO.513 OF 2019
BETWEEN
MUKTHIARULLA KHAN
S/O LATE SABJAN SAB
DEAD BY LRS
1 MEHARUNNISSA
W/O LATE MUKTHIARULLA KHAN
AGED ABOUT 58 YEARS,
2. AKRAMULLA KHAN
S/O LATE MUKTHIARULLA KHAN AGED ABOUT 58 YEARS,
3. NASREEN TAJ,
S/O LATE MUKTHIARULLA KHAN
AGED ABOUT 58 YEARS, 2ND STAGE BEHIND AMBEDKAR BHAVAN MALUR TOWN, MALUR TOWN KOLAR DISTRICT-563130
…2
2
RSA NO. 513/2019
KOLAR DISTRICT-563130
…APPELLANT/S
(Sri/Smt: RASHEED KHAN AND VANAJAKSHAMMA P , ADVOCATES)
AND
1. THAMME GOWDA
S/O ERAPPA
AGED ABOUT 43 YEARS, R/AT ANDRAHALLI VILLAGE, BENGALURU NORTH BENGALURU
S/O ERAPPA AGED ABOUT 40 YEARS, R/AT GUDDAPURA VILLAGE KOLAR TALUK, KOLAR DISTRICT
S/O THAMMANNA AGED ABOUT 72 YEARS, R/AT KARUDUGURKI MAZARA HULUGUTTI VILLAGE TEKAL HOBLI BANGARPET TALUK
…3
3
RSA NO. 513/2019
4 AFZAL S/O REHMAN KHAN AGED ABOUT 61 YEARS, R/AT SULIKUNTE VILLAGE, KASABA HOBLI BANGARPET TALUK
D/O ERAPPA W/O NARAYANAPPA (CARPENTER) AGED ABOUT 39 YEARS, R/AT TEKAL VILLAGE & HOBLI, MALUR TALUK KOLAR DISTRICT
….RESPONDENT/S
REGULAR SECOND APPEAL FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2018 PASSED IN RA.NO.68/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, MALUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 15.07.2015 PASSED IN O.S.NO.277/2006 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MALUR.
…4
RSA NO. 513/2019
4
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 the Bench.
Sd/-
JUDGE
NOTE : Vide Court Order dated 28.09.2021, office objections
are not complied with, hence appeal shall stand dismissed for non-prosecution.
COPY
Sd/I/C ASSISTANT REGISTRAR
T By: PH R By: HKV C By: BSL
Ty Date: 22.08.2022 C Date: 23.08.2022
2 provisions across 2 enactments
Mukthiarulla Khan
Meahrunissa
Tahme Gowda
Someshekar
Erappa
Afzal
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
