This was a regular second appeal filed by multiple appellants against co-shutting parties. The court dismissed the appeal due to complete non-prosecution, absence of representation, and repeated failure to comply with office objections over a two-year period.
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.
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:
S/O ABDUL RAHAMAN SAB, DEAD BY HIS LRS'
W/O LATE N.BASHA, AGED ABOUT 60 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN,
SHIVAMOGGA DISTRICT - 577 201.
D/O LATE N.BASHA, AGED ABOUT 34 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
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.
NC: 2023:KHC:25592 RSA No. 873 of 2021
S/O ABDUL RAHAMAN SAB, DEAD BY LRS'
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.
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.
S/O ABDUL RAHAMAN SAB, AGED ABOUT 54 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
…APPELLANTS
(BY SRI. K.B.LOKANATH., ADVOCATE [ABSENT])
AND:
NC: 2023:KHC:25592 RSA No. 873 of 2021
SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
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.
NC: 2023:KHC:25592 RSA No. 873 of 2021
AGED ABOUT 72 YEARS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
S/O CHOTA SAB, AGED ABOUT 75 YEARS, BUSINESS, R/O MANDIKERI, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
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.
NC: 2023:KHC:25592 RSA No. 873 of 2021
NC: 2023:KHC:25592 RSA No. 873 of 2021
S/O MADAR SAB, AGED ABOUT 48 YEARS, MACHANIC, R/O BARMA NAGAR COLONY, SANTEBENNUR VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT.
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.
NC: 2023:KHC:25592 RSA No. 873 of 2021
AGED ABOUT 52 YEARS, R/O URS NAGAR, CHANNENAHALLI ROAD, OPP. 2ND TURN, SHIKARIPUR TOWN, SHIVAMOGGA DISTRICT.
NC: 2023:KHC:25592 RSA No. 873 of 2021
AGED ABOUT 53 YEARS, R/O OLD POST OFFICE KERI, SHIRALAKOPPA, SHIKARIPUR TALUK, SHIVAMOGGA 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:
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.
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.
TKN
List No.: 1 Sl No.: 11
Sd/JUDGE
N.BASHA and others
N.SHABIR AHMED and others
JYOTI MULIMANI
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
