Dismissed¶¶32

Smt Jamuna Singh Dua v. Sri Mubarak N Zhad

Karnataka HC10 Nov 2025RFA/2091/2017

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; RFA No. 2091 of 2017 (MON-); Jamuna Singh Dua v. Mubarak.N.Zhad; recovery of money; OS.No.1488/2014; decree dated 15.07.2015; XXXI Additional City Civil and Sessions Judge; Sec.96 r/w Order 41 Rule 1 CPC; dismissed for non-prosecution; no appearance by parties; Pradeep Singh; R.V.Manoj Kumar; D K Singh; Tara Vitasta Ganju; 10 November 2025.

What did the court decide?

The appeal was called twice and on neither call did anyone appear for the appellant or the respondent; the order sheet discloses that on previous listings either no one appeared for the appellant or an adjournment was requested. ¶¶26

Smt Jamuna Singh Dua Vs Sri Mubarak N Zhad — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:45506-DB RFA No. 2091 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2091 OF 2017 (MON-)

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BETWEEN:

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SMT. JAMUNA SINGH DUA W/O LATE HARMIT SINGH DUA, R/AT NO.212, "USHA APARTMENTS" 26^TH CROSS, 16^TH MAIN, 4^TH BLOCK, JAYANAGAR, BANGALORE-560 011.

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…APPELLANT

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(BY SRI. PRADEEP SINGH., ADVOCATE)

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AND:

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SRI. MUBARAK.N.ZHAD S/O LATE N.M.ZHAD, R/AT NO.17, 2^ND MAIN, 2ND CROSS, KAVERINAGAR, R.T.NAGAR POST, BANGALORE-560 032.

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…RESPONDENT

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(BY SRI. R.V.MANOJ KUMAR., ADVOCATE)

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THIS RFA FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 15.07.2015 PASSED IN OS.NO.1488/2014 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE

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2 - NC: 2025:KHC:45506-DB RFA No. 2091 of 2017

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HC-KAR

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BENGALURU, CITY, DECREEING THE SUIT FOR RECOVERY OF MONEY.

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THIS APPEAL, COMING ON FOR HEARINGINTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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This appeal was called twice. In the first call, and now in the revised call, no one has appeared either for the appellant or the respondent. The order sheet discloses that on previous listings, either no one appeared for the appellant, or an adjournment was requested.

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The case pertains to the year of 2017. It appears that the parties have lost interest in prosecuting this appeal, and therefore, no purpose would be served if the

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NC: 2025:KHC:45506-DB RFA No. 2091 of 2017

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HC-KAR

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matter is kept on the file of this Court. We therefore,

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dismiss the appeal for non-prosecution.

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Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA

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