IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO RSA No.2084/2012 (PAR) BETWEEN:
Hammabba S/o late Ahammad Beary Aged about 72 years Residing in Pakirnakatee Mallar Village Udupi Taluk-574 106.
(By Sri Nataraja Ballal, Advocate -Absent) AND:
Smt. Aminabi (Since deceased) W/o Idinabba 1(a). Fathima (Since deceased) 1(a). (i) Gulshan Aged about 41 years 2. Abdul Hameed Aged about 45 years … Appellant 3. Abdul Razak Aged about 43 years 4. Razia Aged about 40 years 5. Shamshudeen Aged about 44 years 6. Thahira Aged about 38 years 7. Shamibulla Aged about 35 years 8. Ashraf Aged about 38 years 9. Mumtaz Aged about 32 years 10. Ahammad Aged about 66 years 11. Hasanabba Aged about 63 years 12. Isamma Aged about 61 years 13. Khathija Aged about 56 years 14. Haleema Aged about 50 years 15. Abdul Khader Aged about 53 years 16. Rukhiya Aged about 47 years Respondent Nos.1 to 16 are the Children of Late Adinabba Beary and Aminabi And all are Residing at Pakirnakkatte, Kaup Post, Mallar Village, Udupi-574 106.
17. Avvamma W/o Abdul Beary Aged about 84 years 18. Aisamma W/o Hassan Aged about 74 years Respondent Nos.17 to 18 are Residing in Pakiranakatte Mallar Village and Post Udupi Talui-574 106.
19. Gulshan Aged about 46 years 20. Abdul Hameed Aged about 43 years 21. Abdul Razak Aged about 41 years 22. Razia Aged about 40 years 23. Shamshuddin Aged about 39 years 24. Thahira Aged about 36 years 25. Shamihulla Aged about 34 years 26. Ashfak Aged about 33 years 27. Mumtaz Aged about 32 years Respondent Nos. 19 to 27 are Children of Hasanabba & Late Bifathuma, Respondent Nos.19, 20, 23, 25, 26 are Residing in Bailoor Village and Post, Karkala Taluk-576 227.
Respondent Nos.21 and 27 are Residing in Mallar Village, Udupi Taluk-574 106, Respondent No.22 is Resident of Belapu Village Udupi Taluk, Respondent No.24 is Resident of Thirthahalli, Shivamogga District-577 201.
28. Hydrose Aged about 49 years 29. Alimamma Aged abut 47 years 30. Fathima Aged about 45 years 31. Aisamma Aged about 43 years Respondent Nos. 28 to 31 are Children of late Umathumma, Residing in Pakirankatte, Mallar Village, Udupi Taluk-574 106.
32. Saramma W/o late Sulaiman aged about 57 years 33. Shariefa D/o late Sulaiman Aged about 39 years 34. Ahammed S/o late Sulaiman Aged about 37 years 35. Razak S/o late Sulaiman Aged about 34 years 36. Aboobakkar S/o late Sulaiman Aged about 33 years 37. Nabeesa D/o late Sulaiman Aged about 29 years 38. Kairunnisa D/o late Sulaiman Aged about 29 years Respondent Nos.32 to 38 are Residing in Kombagudde, Mallar Village, Udupi Taluk-574 106.
39. Saramma W/o late Mohammed Beary Aged about 79 years R/a Belapu Village Post Paniyoor Udupi Taluk-574 117.
… Respondents (Notice not issued to respondents for want of PF, C/A, etc.) This RSA is filed under Section 100 of CPC, against the judgment and decree dated 21.07.2012 passed in R.A.No.25/2010 on the file of Fast Track Court, Udupi, dismissing the appeal and confirming the judgment and decree dated 26.02.2010 passed in O.S.No.86/1997 on the file of Additional Civil Judge (Sr. Dn.), Udupi, and etc.
This RSA coming on for orders this day, the Court delivered the following:-
JUDGMENT Learned counsel for the appellant absent. No representation. Compliance not effected in respect of the office objections. The order dated 22.7.2019 shall come into force at once.
Hence, dismissed for default.
Sd/- JUDGE AP*