Mr R S Fakruddin Vs Mr Allabakash — Karnataka HC (2025) — LawSathi Research

Mr R S Fakruddin Vs Mr Allabakash — Karnataka HC (2025) — LawSathi Research

1 - NC: 2025:KHC:26090 RSA No. 301 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

REGULAR SECOND APPEAL NO.301 OF 2021 (PAR)

BETWEEN:

MR. R.S. FAKRUDDIN, AGED ABOUT 59 YEARS, S/O LATE SYDUSABI.

MR. R.S. MEHABOOB, S/O LATE SYDUSABI, AGED ABOUT 56 YEARS.

MR. HUSEN, AGED ABOUT 50 YEARS, S/O LATE SYDUSABI.

MR. VAZEER, AGED ABOUT 51 YEARS, S/O LATE PYARAJAN.

AGED ABOUT 51 YEARS, Digitally signed by DEVIKA M S/O LATE PYARAJAN. Location: HIGH COURT OF 5. MR. RAFIQ, KARNATAKA AGED ABOUT 46 YEARS, S/O PYARAJAN. ALL ARE RESIDING AT RENUMAKALAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA-562 104.

…APPELLANTS

(BY SRI. MOHANA CHANDRA P., ADVOCATE - ABSENT)

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AND:

MR. ALLABAKASH, AGED ABOUT 66 YEARS, S/O LATE IMAMSABI.

MR. VALLI SABI, S/O LATE IMAM SABI, AGED ABOUT 71 YEARS.

MR. SUBHAN, AGED ABOUT 68 YEARS, S/O LATE IMAM SABI.

MR. MUSTAFA, AGED ABOUT 64 YEARS, S/O IMAM SABI.

SMT. JAHERABI, AGED ABOUT 69 YEARS, W/O LATE KHADAR SAB.

SMT. JENATH, AGED ABOUT 49 YEARS, W/O LATE IBRAHIM.

MR. HUSSEN SAB, AGED ABOUT 49 YEARS, S/O LATE KHADAR SABI.

ALL ARE RESIDING AT RENUMAKALAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA -562104.

…RESPONDENTS

(BY SMT. SRUTI CHAGANTI, ADVOCATE FOR R1; NOTICE TO R2 TO R7 ARE SERVED AND UNREPRESENTED)

THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 41 RULE 1 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 11.12.2020 PASSED IN R.A.NO.141/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS

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HC-KAR

JUDGE, CHIKKABALLAPURA. DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.10.2017 PASSED IN O.S.NO.283/2015 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

This matter is called twice both in the morning session and also in the afternoon session and the learned counsel for the appellants is absent in both the occasions. The learned counsel for respondent No.1 is present in both the occasions.

The learned counsel for respondent No.1 submits that in the previous occasion, the learned counsel for the appellants requested to refer the matter to the Lok Adalath and at his request only, the matter was referred to the Lok Adalath, but the appellants and the counsel did not appear in the Lok Adalath and this Court also specifically fixed the date today for admission and there is no representation on behalf of the appellants in both the occasions.

The order sheet discloses that on 19.06.2025 also

the learned counsel for the appellants sought time and at his

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HC-KAR

request only, the matter was adjourned. The learned counsel for the appellants is not pursuing the matter diligently though this appeal is filed in the year 2021. On 14.02.2025 also, at the request of the learned counsel for the appellants, the case was adjourned. The learned counsel for the appellants is repeatedly taking adjournments and not pursuing the matter even after lapse of 4 years. No ground to adjourn the matter again and hence the appeal is dismissed for non-prosecution.

Sd/(H.P.SANDESH) JUDGE

MD List No.: 1 Sl No.: 35