Dismissed¶28

Nazeer Ahmed v. J v Gurumurthy

Karnataka HC12 Jun 2025RSA/2578/2011

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; single judge (Anant Ramanath Hegde); oral judgment dated 12.06.2025; RSA No. 2578 of 2011 (SP) under Section 100 CPC; dismissal for non-prosecution due to absence of appellant's counsel (Shah Taj); appellant Nazeer Ahmed; respondents: legal representatives (Sreedevi, Venkatesh Murthy, Umesh, Anil Kumar) of deceased J.V. Gurumurthy, counsel Nithyanand K.R.; impugned decree: R.A.No.04/2010, Senior Civil Judge and CJM Chickballapur, dated 19.10.2011; underlying suit O.S.No.85/98, Civil Judge (Sr.Dn.) and JMFC Gudibande, decree dated 23.11.2009; no merits adjudicated; no precedents cited; no monetary quantum.

What the court decided

Nazeer Ahmed Vs J v Gurumurthy — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:20248 RSA No. 2578 of 2011

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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 12^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 2578 OF 2011 (SP)

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BETWEEN:

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NAZEER AHMED, S/O LATE MASTAN SAB, AGED 56 YEARS, R/AT KHAJI PET, GUDIBANDA TOWN AND TALUK CHICKBALLAPUR DISTRICT - 562 101.

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…APPELLANT

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(BY SRI SHAH TAJ,ADVOCATE (ABSENT))

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AND:

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J.V. GURUMURTHY, SINCE DEAD BY HIS LRS.

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Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA

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1. SMT.J.G.SREEDEVI, W/O LATE J.V.GURUMURTHY, AGED ABOUT 80 YEARS.

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1. SRI J.G.VENKATESH MURTHY, S/O LATE J.V.GURUMURTHY, AGED ABOUT 55 YEARS,

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BOTH 1 AND 2 ARE RESIDING AT NO.11, JAHANVI NILAYA, 8^TH CROSS BEML 3^RD STAGE, BASAVESHWARA LAYOUT, BANGALORE-560098.

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SRI J.G.UMESH, S/O LATE J.V.GURUMURTHY, AGED ABOUT 53 YEARS, RESIDING AT NO.24, 2^ND FLOOR, 1^ST MAIN ROAD,

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2 - NC: 2025:KHC:20248 RSA No. 2578 of 2011

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HC-KAR

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RAMANJANEYA LAYOUT, CHIKKALASANDRA, BANGALORE-560061.

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SRI J.G.ANIL KUMAR, AGED ABOUT 48 YEARS, S/O LATE J.V.GURUMURTHY, RESIDING AT NO.59, 1^ST FLOOR, 3^RD MAIN, AKSHAYANAGAR SATYA SAI LAYOUT, BEGUR, BANGALORE-560068.

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…RESPONDENTS (BY SRI NITHYANAND, K.R., ADVOCATE FOR LR'S OF DECEASED SOLE RESPONDENT)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 19.10.2011 PASSED IN R.A.NO.04/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.11.2009 PASSED IN O.S.NO.85/98 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND JMFC, GUDIBANDE.

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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 MR JUSTICE ANANT RAMANATH HEGDE

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ORAL JUDGMENT

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None appears on behalf of the appellant. Hence, the

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appeal is dismissed for non-prosecution .

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Sd/(ANANT RAMANATH HEGDE) JUDGE