Dismissed¶38

Smt Habibunnisa v. Smt Noor Salma Banu

Karnataka HC23 Aug 2025RFA/2244/2023

Case brief

AI extract

What is this about?

Karnataka HC, RFA No. 2244 of 2023, decided 23.08.2025 by Justice K.S. Hemalekha: appeal under Section 96 CPC against judgment and decree in O.S.No.525/2013 (XXXVII Addl. City Civil and Sessions Judge, Bengaluru City; connected with O.S.No.361/2013) dismissed for non-prosecution due to non-compliance with office objections despite time granted on 12.11.2024. Appellants: Smt Habibunissa, Smt. Banu, Mr. Sadulla Baig (advocate Sri R. Mahesh); Respondents: Smt. Noor Salma Banu and Sri Tajamul. No merits discussion, no precedent engaged, no quantum.

What did the court decide?

Office objections in respect of the appeal were not complied with within the time granted by order dated 12.11.2024. ¶32

Smt Habibunnisa Vs Smt Noor Salma Banu — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:33169 RFA No. 2244 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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REGULAR FIRST APPEAL NO.2244 OF 2023

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BETWEEN:

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SMT HABIBUNNISA, AGED ABOUT 69 YEARS, W/O ABDUL AZEEZ, R/AT NO.10, 11^TH CROSS, WEST OF PADARAYANAPURA,

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BENGALURU-560026.

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SMT. BANU AGED ABOUT 30 YEARS, D/O LATE SAMIULLA, R/AT HOUSE NO. , IN VALMEKINAGAR, 1^ST MAIN ROAD, MYSORE ROAD, BENGALURU-560026.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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MR. SADULLA BAIG, AGED ABOUT 38 YEARS, S/O LATE KALEEMULLA, R/O IN HOUSE NO.10, IN 11^TH CROSS, WEST OF PADRAYANAPURA, BENGALURU-560026.

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…APPELLANTS

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(BY SRI R. MAHESH, ADVOCATE)

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AND:

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SMT. NOOR SALMA BANU, MAJOR,

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W/O MR. TAJAMUL PASHA,

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NC: 2025:KHC:33169 RFA No. 2244 of 2023

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HC-KAR

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SRI TAJAMUL

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FATHER NAME NOT KNOWN,

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BOTH ARE R/AT NO.1086, AT 4^TH MAIN, 4^TH CROSS, VIJAYANGAR, BENGALURU-560040.

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, CALL FOR THE RECORDS IN O.S.NO.525/2013 CONNECTED WITH O.S.NO.361/2013; SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.525/2013 DISPOSED ON THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, BENGALURU AND ETC.,

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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This Court, by order dated 12.11.2024, granted two

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weeks time to comply with the office objections, failing which the matter was directed to be listed under the caption ‘dismissal’.

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Today (23/08/2025), the matter is listed under the caption ‘dismissal’. Office objections have not been complied with. The matter is of the year 2023.

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NC: 2025:KHC:33169 RFA No. 2244 of 2023

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HC-KAR

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