IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.3363/2006 BETWEEN:
1. JAMALBI W/O LATE HUSSAIN SAB SINCE DECEASED BY HER LRs.
1(a) BUDDEN BI W/O HUSSAIN SAB AGED:37 YEARS R/O AJJAPPANAHALLI BHARAMASAGARA HOBLI CHITRADURGA DIST.-577 003 2. CHAPENOORSAB @ NOORSABU S/O LATE HUSSAIN SAB AGED ABOUT 47 YEARS AGRICULTURIST R/O SANTHEMUDAPURA VILLAGE JAGALUR TALUK DIST:DAVANAGERE – 577 002.
SINCE DECEASED BY LRs.
2(a) MOTHER BI W/O LATE NOOR SAB @ CHAPENOOR SAB AGED ABOUT 55 YEARS.
2(b) HUSSAIN BI D/O LATE NOOR SAB @ CHAPENOOR SAB AGED ABOUT 40 YEARS.
2(C) FATHIMA BI D/O LATE NOOR SAB @ CHAPENOOR SAB AGED ABOUT 37 YEARS.
2(d) MAMTHAZ BI D/O LATE NOOR SAB @ CHAPENOOR SAB W/O KASIM SAB AGED ABOUT 33 YEARS.
2(e) PAPA BI D/O LATE NOOR SAB @ CHAPENOOR SAB W/O RAZAK SAB AGED ABOUT 29 YEARS.
2(a) to 2(e) ARE R/O. SHIVANAGAR DAVANAGERE 2(f) CHAMAN BI D/O LATE NOOR SAB @ CHAPENOOR SAB W/O DADAPEER AGED ABOUT 26 YEARS.
R/O AJJAPPANAHALL VILLAGE BHARMASAGARA HOBLI CHITRADURGA TQ, CHITRADURGA DIST.-577 003 2(g) CHAND PEER S/O LATE NOOR SAB @ CHAPENOOR SAB AGED ABOUT 24 YEARS OCC-BUSINESS R/O SHIVANAGAR, DAVANAGERE.
(CAUSE TITLE AMENDED AS PER COURT ORDER DATED:2.02.2009).
…APPELLANTS (BY SRI NANDEESH PATIL, FOR SRI F V PATIL, ADVOCATE FOR A2(A-G) AND:
1. SHUKAR HUSSAINSAB S/O MUJAWAR KHASIM SAB AGED ABOUT 90 YEARS AGRICULTURIST R/O SANTHEMUDAPURA VILLAGE. SINCE DECEASED BY LRs 1a) KHASIMBI W/O SAHUKAR HUSSAINSAB AGE 70 YEARS 1(b) HUSSAINBI W/O BABAJANE AGE 55 YEARS.
1(c) AHMED BHASHA S/O SAHUKAR HUSSAIN AGE 50 YEARS 1(d) IMAM ALI AGE 48 YEARS 1(e) AKHILA AGE 45 YEARS ALL ARE RESIDENTS OF MEHBOOB NAGAR 4TH CROSS, DOOR No.65 DAVANAGERE – 577 002.
...RESPONDENTS (BY SRI M R RAJAGOPAL, ADVOCATE FOR R-1(a-e) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:10.08.2006 PASSED IN R.A.No.253/2004 ON THE FILE OF THE DISTRICT JUDGE, DAVANAGERE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:30.09.2004 PASSED IN OS No.211/1997 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.), DAVANAGERE.
THIS RSA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellants present and prays for time on the ground that appellants have returned the file. The matter is posted today for Final Hearing. Considering the age and stage of the case and having regard to the fact that the matter is of the year 2006 sofar as this appeal is concerned, is of the year 2004 in terms of Regular appeal in R.A.No.253/2004 and of the year 1994 in terms of the Original suit in O.S.No.211/1997 is concerned, it appears that the appellants are not interested in prosecuting the case. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE tsn*