Dismissed¶32

Abdul Saleem v. Noor Mohammed

Karnataka HC13 Aug 2025RFA/329/2023

Case brief

AI extract

What is this about?

Dismissal for non-prosecution of RFA No.329 of 2023 (PAR), High Court of Karnataka at Bengaluru (NC: 2025:KHC:31357), decided 13-08-2025 by Mrs. Justice K.S. Hemalekha. Appellant Abdul Saleem (counsel Sri. Syed Khaleel Pasha, recorded absent) failed to appear on 28.07.2025 and 13.08.2025 and did not rectify office objections; appeal against decree dated 27-09-2019 in O.S.No.6525/2017 (XXXIII Addl. City Civil and Sessions Judge, Bangalore) dismissed for non-prosecution. Keywords: non-prosecution, default dismissal, RFA, S.96 CPC, Karnataka High Court.

What did the court decide?

Since there was no representation for the appellant on 28.07.2025 and again on 13.08.2025, office objections were not rectified, and the appellant appeared not interested in prosecuting the appeal, the Court dismissed the appeal for non-prosecution. ¶32

Abdul Saleem Vs Noor Mohammed — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:31357 RFA No. 329 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 13^TH DAY OF AUGUST, 2025 BEFORE

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

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REGULAR FIRST APPEAL NO.329 OF 2023 (PAR)

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BETWEEN:

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ABDUL SALEEM S/O LATE ABDUL SALAM, AGED ABOUT 42 YEARS, R/AT NO.303, SUBAIN ENCLAVE, HENNUR MAIN ROAD, BANGALORE-560043.

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…APPELLANT

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(BY SRI. SYED KHALEEL PASHA, ADVOCATE (ABSENT))

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AND:

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

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NOOR MOHAMMED S/O LATE ABDUL SALAM, AGED ABOUT 65 YEARS, R/A NO.7, 1^ST MAIN, 1^ST CROSS, RMV EXTN., ASHWATH NAGAR, (OLD GEDDALAHALLI VILLAGE) BANGALORE-560094.

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ANSAR PASHA S/O LATE PYAREJAN & FATHIMA BEGUM, GRAND SON OF LATE SHRI ABDUL SALAM, AGED ABOUT 49 YEARS, NO.4, ABHUMANYU PRATAP SONY, DRDO 2^ND STAGE, B NARAYAPURA, ANKA REDDY LAYOUT, BANGALORE-560016.

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2 - NC: 2025:KHC:31357 RFA No. 329 of 2023

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HC-KAR

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TABASSUM

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S/O LATE PYAREJAN & FATHIMA BEGUM, GRANDDAUGHTER OF LATE SHRI ABDUL SALAM, W/O SRI NAZER PASHA, C/O ANSAR PASHA, AGED ABOUT 54 YEARS, NO.4, ABHUMANYU PRATAP SONY, DRDO 2^ND STAGE, B NARAYAPURA, ANKA REDDY LAYOUT, BANGALORE-560016.

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ABDUL SUBHAN

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S/O LATE ABDUL SALAM, AGED ABOUT 61 YEARS, NO.659, 1^ST FLOOR, 1^ST STAGE, 3^RD MAIN, KENGERI, SATELITE TOWN, BANGALORE-560032.

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ABDUL FAZLU S/O LATE ABDUL SALAM, AGED ABOUT 56 YEARS, NO.B 1/701, SARA CITY, CHAKAN TALGAON ROAD, KHARWADI, TALKHED, PUNE-401501.

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 27-09-2019 PASSED IN O.S.NO.6525/2017 BY THE HON’BLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE.

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

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:31357 RFA No. 329 of 2023

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HC-KAR

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ORAL JUDGMENT

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The matter was listed on 28.07.2025. There was no representation on behalf of the appellant neither the office objections were rectified. Noting the absence of the appellant, directed to list the matter under the caption ‘dismissal’.

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Even today (13/08/2025), there is no representation on behalf of the appellant. The matter is of the year 2023. It appears that the appellant is not interested in prosecuting the appeal. This Court has no option than to dismiss the appeal for non-prosecution. Accordingly, the appeal stands dismissed for nonprosecution .

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Sd/-

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_____________________ JUSTICE K.S. HEMALEKHA

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MBM

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List No.: 1 Sl No.: 52

Abdul Saleem v. Noor Mohammed

Case brief

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Abdul Saleem v. Noor Mohammed

Case brief

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