The Karnataka High Court dismissed a Regular First Appeal filed under Section 96 CPC for non-prosecution and non-compliance of office objections. The appellants' counsel did not appear, both physically or via video conference.
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.
RFA No. 255 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL NO. 255 OF 2019 (DEC/POS)
BETWEEN:
Smt Noorjan W/O Late Abdul Khan Dead By Her LRS
Digitally signed by BANGALORE MADHAVACHAR VEENA Location: High Court of Karnataka
2(a) Smt. Shahin Taj W/O Late Sabdar Ali Khan, Aged About 50 Years,
2(b) Hajeera Ruhina Khanan D/O Late Sabdar Ali Khan, Aged About 25 Years,
Both are residing at No.5, 1st Cross, Opp Saba Majid Seethappa Layout, Chamundinagar, R.T.Nagar Post, Bangalore-32.
RFA No. 255 of 2019
Aged about 56 years,
…Appellants
(By Sri. Narayana Swamy P M., Advocate)
AND:
RFA No. 255 of 2019
2(c) Smt. Salma Begum D/O Late Rasool Khan, Aged About 42 Years,
2(d) Sri. Irfan Khan S/O Late Rasool Khan, Aged About 41 Years,
Respondents No.2(a) to 2(d) Are all Residing At No.29, Siddaiah Road, 9th Cross, Bangalore.
3 (a) Smt. Nisren W/O Late Dastagir Khan Aged About 67 Years,
3(b) Sri. Waheed Khan S/O Late Dastagir Khan Aged About 67 Years,
3(c) Sri.Unus Khan S/O Late Dastagir Khan Aged About 30 Years,
Respondents No.3(a) to 3(c) Are all Residing At No.33, 6th Main, P.G.Halli, Bangalore.
3(d) Smt. Muttaheera Khanam D/O Late Dastagir Khan Aged about 38 years, No.143, Tippunagar, Tippu Masjid Road, 2nd Cross, Ramanagara.
RFA No. 255 of 2019
3(e) Smt. Ayesha Khanam D/O Late Dastagir Khan Aged about 34 years, R/At No.165, 2nd Cross, Marlur Dinne, Tumakuru.
Respondent No.4 and 5 Residing At No.233, New No.33 6th Main, Palace Guttahalli, Bangalore-560003.
6(a) Smt. Farheen Taj W/O Late Yakhoob Khan, Aged About 31 Years,
6(b) Sri. Nikhat Anjum S/O Late Yakhoob Khan, Aged About 31 Years,
6(c) Smt. Fathima Anjum D/O Late Yakhoob Khan, Aged About 28 Years,
6(d) Mohammed Ali Khan S/O Late Yakhoob Khan, Aged About 21 Years,
Respondents No.6(a) to 6(d) Are Residing At No.33, 6th Main, P.G.Halli,
RFA No. 255 of 2019
Bangalore-560003.
Respondents Nos.7 to 12 Residing At No.233, New No.33, 6th Main, Palace Guttahalli, Bangalore-560003.
13(a) Sri. Majaheed, S/O Late Ahamad Khan, Major,
13(b) Sri. Mukhathiyar S/O Late Ahamad Khan, Major,
RFA No. 255 of 2019
13(c) Sri. Munawara Ahamed Khan S/O Late Ahamad Khan, Aged about 72 years.
13(d) Smt. Shamshad Begum D/O Late Ahamad Khan, Aged about 69 years
13(e) Sri. Mohammed Khan S/O Late Ahamed Khan, Aged about 64 years
13(f) Sri. Dawood Khan S/O Late Ahamad Khan, Aged about 62 years
13(g) Smt. Sumiya D/O Late Ahamad Khan, Aged about 55 years
Respondents Nos.13(a) to 13(g) Residing At No.40, 4th Main Road, Vasanthappa Block, Ganganagara, Bangalore-560032.
Residing At No.233, New No.33, 6th Main, Palace Guttahalli, Bangalore-560003.
RFA No. 255 of 2019
15(b) Sri. Mukthiar Ahamed Khan S/O Late Ahamed Khan, Major, Respondents Nos.15(a) and 15(b) Are Residing at No.40, 4th Main Road, Vasanthappa Block, Ganganagara, R.T.Nagara Post, Bangalore-560032. 15(c) Sri. Mohammed Khan S/O Late Ahamed Khan, Major, Residing At No.423, 3rd Main Road, Bhuvaneshwari Nagara, Sulthan Palya, R.T.Nagar Post, Bangalore-560032. . 15(d) Sri. Munavar Khan S/O Late Ahamed Khan, Major, Residing At No.23/7, 3rd Cross, Kushalappa Nagar, Bhuvaneshwari Nagara, Sulthan Palya, R.T.Nagar Post, Banagalore-560032. 16. Sri. Rahmathulla Khan S/O Late Abdul Khan, Since he was missing from long back …Respondents
(By Sri. M.G. Sateesha, Advocate for caveator/respondent)
This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908, praying to call for the records in O.S.No.9598/2006 on the file of the XIV Additional City Civil and Sessions Judge at Bangalore; set aside the impugned judgment and decree dated 02.11.2018 in O.S.No.9598/2006
RFA No. 255 of 2019
passed by the XIV Addl. City Civil and Sessions Judge at Bangalore and decree the suit of the appellants; award the costs of this appeal, and the grant of such other relief/s, as this Court deem fit to grant, under the facts and circumstances of the case, in the interest of justice and equity.
This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:
O R D E R
Learned counsel for the appellants neither present physically nor through video conference. No reasons are forthcoming for the non-appearance of the learned counsel for the appellants.
RFA No. 255 of 2019
objections. Some of which office objections are very small and simple in nature. Further, the learned counsel for the appellants also having remained absent has not shown any reason for non-compliance of office objections. In the said circumstance, I do not find any reason to grant any further time.
Accordingly, the appeal stands dismissed for nonprosecution and also for non-compliance of office objections.
Sd/JUDGE
BMV* List No.: 1 Sl No.: 83
1 provisions across 1 enactments
Smt Noorjan W/O Late Abdul Khan and Others
Smt Mahaboobhi and Others
H.B. Prabhakar Sastry
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
