The High Court of Karnataka dismissed an appeal under Section 100 of CPC for non-prosecution as the appellants failed to comply with office objections raised in the impugned judgment.
The appeal is dismissed for non-compliance of office objections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
R.S.A.NO.530/2018 (DEC/INJ)
BETWEEN:
SRI R. SAHEB KHAN S/O. LATE. RASOOL KHAN, SINCE DEAD REPRESENTED BY
HIS LEGAL REPRESENTATIVES,
SRI. S MUSTAFA KHAN S/O. LATE RASUL SAHIB KHAN (DECEASED NOW AND HIS LR'S ARE ON RECORD)
APPELLANTS 1 TO 3 ARE RESIDING AT NO.1586, THATTEKERE ROAD, CHANNAPATNA TOWN-562 160.
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SMT. CHAND BIBI D/O. LATE RASUL SAHEB KHAN (SINCE DECEASED HER LRs ARE THE OTHER LRs OF DECEASED RASUL SAHEB KHAN),
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R/AT BILAL NAGAR, CHANNAPATNA TOWN-562 160.
10 . SMT. SAI BIBI W/O. ALI JAAN, D/O. LATE. RASUL SAHEB KHAN, AGED ABOUT 28 YEARS R/AT SRP ROAD, BANNUR,
T. NARASIPURA TALUK, MYSURU DISTRICT-571 101.
11 . SMT. RABIYA BIBI
APPELLANTS 11 TO 13 ARE RESIDING AT NO.1586, THATTEKERE ROAD, CHANNAPATNA TOWN-562 160.
… APPELLANTS
[BY SRI SUBBA SHASTRY N., ADVOCATE]
AND:
BY ITS PRESIDENT/ SECRETARY,
NOW BY PANCHAYATH DEVELOPMENT OFFICER RAMANAGARA-562 159.
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2 . THE TALUK PANCHAYAT RAMANAGARA TALUK, BY ITS EXECUTIVE OFFICER RAMANAGARA-562 159.
... RESPONDENTS
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGEMENT AND DECREE DATED 22.07.2017 PASSED IN R.A.NO.12/2013 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, RAMANAGARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2012 PASSED IN O.S. NO.9/2005 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., RAMANAGARA.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This Court, vide order dated 25.02.2022, as a last chance,
granted one week time to comply with the office objections. It was also made clear that, if the office objections are not complied with, the appeal would be dismissed for nonprosecution. Inspite of the same, till date, the office objections are not complied with.
Hence, the appeal is dismissed for non-compliance of office objections.
Sd/JUDGE
ST
1 issue framed by the court
Whether the appeal should be dismissed for non-prosecution due to failure to comply with office objections.
Sri R. Saheb Khan S/o. Late. Rasool Khan, since dead represented by His Legal Representatives
Sm. Jeevan Saheba Bibi
Sri. S Mustafa Khan
Sm. Fathima Bibi
Sri. Mohamed Khan
Sri. Rasool Khan
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
