Regular second appeal under Section 100 CPC against a first appellate decree in a declaratory/injunction suit was dismissed for non-prosecution after office objections were not complied with despite time granted.
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NC: 2026:KHC:33104 RSA No. 1368 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1368 OF 2025 (DEC/INJ)
BETWEEN:
SRI. REHMAN SAB S/O LATE AMEER JAN SAB, AGED ABOUT 73 YEARS R/AT MASZID ROAD, BUKKAMBUDHI VILLAGE, SHIVANI HOBLI, AJJAMPURA TALLUK, CHIKKAMAGALURU DISTRICT - 577 115.
…APPELLANT
(BY SMT. RUKMINI S, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
SMT. PEERAMBI W/O LATE KHAJI IMAM SAB DIED OTHER RESPONDENTS ARELEGAL HEIRS OF DECEASED
SYED DILIP S/O LATE KHAJI IMAM SAB DEAD REP THROUGH HIS LRS
HC-KAR
S/O SYED DILIP OCC-BUSINESS AGED ABOUT 22 YEARS
S/O LATE KHAJI IMAM SAB AGED ABOUT 40 YEARS, MOULI WORK
HC-KAR
R/O SASUVEHALLI VILLAGE, CHANNAGIRI TALLUK, DAVANAGERE DISTRICT - 577 116.
…RESPONDENTS
THIS RSA FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.06.2025 PASSED IN RA NO.18/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDGE, TARIKERE, ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.12.2021 PASSED IN OS NO. 23/2018 ON THE FILE OF THE CIVIL JUDGE AND ADDITIONAL JMFC, TARIKERE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Office objections are not complied despite granting
sufficient time.
Matter is of the year 2025. Accordingly, appeal stands
dismissed for non prosecution.
Sd/(V SRISHANANDA) JUDGE
KAV List No.: 1 Sl No.: 31
1 provisions across 1 enactments
Sri. Rehman Sab S/o Late Ameer Jan Sab
Smt. Peerambi W/o Late Khaji Imam Sab (died; other respondents are legal heirs of deceased)
Syed Dilip S/o Late Khaji Imam Sab (dead, rep. through his LRs)
Smt. Parvin Banu W/o Syed Dilip
Jafer S/o Syed Dilip
Smt Ayesha D/o Late Khaji Imam Sab
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
