IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.5554 OF 2016 (CPC) BETWEEN:
1. Mr. Amathur Rafi, Son of Late Mohammed Khan, Aged about 69 years, 2. Mr. Altaf Ahmed Khan, Son of Late Mohammed Khan, Aged about 69 years, 3. Mr. Imtiaz Ahmed Khan, Son of Late Mohammed Khan, Aged about 54 years, 4. Mr. Iqhlas Ahmed Khan, Son of Late Mohammed Khan, Aged about 46 years, 5. Mrs. Dildar Begum, Daughter of Late Mohammed Khan, Aged about 57 years, 6. Mohammed Afzal Pasha, Son of Late Mohammed Khan, Aged about 69 years, All are Residing at No.26, 5th Cross, Krishnappa Garden, Jayanagar East, Bengaluru-560020.
(By Smt. Sunitha H. Singh, Advocate-Absent) AND:
1. Mr. Mumtaz Ahmed Khan, Son of Late Mohammed Khan, Aged about 60 years, R/at Krishnappa Garden, Jayanagar East Bengaluru-560020.
2. Mr. Mujaheed Ahmed Khan, Son of Late Fiaz Ahmed Khan @ Syed Ahmed Khan, Aged about 28 years, 3. Mr. Tamzeen Fathima, D/o. Late Fiaz Ahmed Khan @ Syed Ahmed Khan, Aged about 25 years, Both are residing at Flat No.106, Urban Eddifice Apartments, 14th A Cross, Kanakanagar, R.T.Nagar Post, Bengaluru-560032.
4. Mr. Deepak M.R., Son of Late M.D.Rama Shetty, Aged about 34 years, Residing at Mirle Village, K.R.Nagar Taluk, Mysore District.
5. Mr. Shashikanth Rao, Son of Late K.Shama Rao, Aged about 49 years, …Appellants R/at No.137, Srinidhi Nilaya, Rajajeshwari Nagar, Bengaluru-560010.
6. Mr. M.Nagaraj, Son of Munivenkatappa, Aged about 52 years, R/at Halagevaderahalli Village, Rajarajeshwari Nagar, Pattanagere Post, Bengaluru-560020.
7. Mr. Mushtaq Ahmed Khan, Son of Late Mohammed Khan, Aged about 73 years, R/at No.26, 5th Cross, Krishnappa Garden, Jayanagar East, Bengaluru-560020.
... Respondents This MFA is filed under Order 43 Rule 1(r) of the CPC, against the order dated 12.07.2016 passed on I.A.No.3 in O.S.No.6389/15 on the file of the LXV Additional City Civil & Sessions Judge, Bengaluru City, allowing I.A. No.3 filed under Order 39 Rule 4 read with Section 151 of CPC.
This MFA coming on for orders this day, the Court made the following:
ORDER The appellants’ counsel is absent. Order sheet dated 21.03.2019 shows that four weeks time was granted as last chance for taking steps. Since then process fee has not been paid. Therefore appeal is dismissed.
Sd/- JUDGE KMV/-