IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1752 OF 2010 Between:
Smt. Fathimabi, W/o. Syed Vazeer, Since deceased rept. by her LRs.
1. Mr. Syed Zakir Hussain, S/o. Syed Vazeer, Aged about 45 years, 2. Mr. Syed Asif, S/o. Syed Vazeer, Aged about 35 years, Both are R/at No.64, Valagerehalli, Kengeri Post, Bengaluru-560 060. …Appellants (By Sri.C.M.Desai, Advocate - Absent) And:
1. Smt. Puttamuniyamma, W/o. Chikkamuniyappa, Since deceased Rept. by her LRs.
1(a). Mr.M.Vijayakumar, S/o. Late Muniyappa, Aged 55 years, R/at No.393, Ramamandir Main Road, Near Yellamma Temple, Kengeri, Bengaluru-560 060.
2. Smt. Fathimabi, W/o. Syed Vazeer, Since deceased rept. By her LRs.
2(a). Syed Vazeer, S/o. Late Syed Hayath, Aged about 67 years, R/at No.64, Valagerehalli, Kengeri Post, Bengaluru-560 060.
2(b). Smt. Shama Begum, D/o. Syed Vazeer, Aged about 55 years, R/at No.309, Masjid Road, Valagerehalli, Kengeri Post, Bengaluru-560 060.
2(c). Smt. Shariffa Begum, D/o. Syed Vazeer, Aged about 50 years, R/at No.188, Valegerehalli, Kengeri Post, Bengaluru-560 060. …Respondents (By Sri. T.V.Tajpeer, Advocate for R2 [B & C] R2 (A)-Served) This Regular First Appeal is filed under Section 96 of CPC against the judgment and decree dated: 18.06.2010 passed in O.S.No.1211/1989 on the file of the XLIII- Additional City Civil and Sessions Judge, (CCH-44), Bengaluru, dismissing the suit for specific performance.
This Regular First Appeal coming on for orders, this day, the Court made the following:
ORDER Appellants’ counsel is absent. Copy of appeal memo is not furnished inspite of giving several chances. Therefore, appeal is dismissed.
Sd/- JUDGE NS