IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.606 OF 2010 BETWEEN:
1. KHAJI KALEEMULLA AGED ABOUT 45 YEARS.
2. H A MOHAMMED AZAM AGED ABOUT 40 YEARS.
3. H A RAFIULLA AGED ABOUT 36 YEARS.
ALL ARE SONS OF AMEER SAB R/AT HARLIPURA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 002 4. SHAKIRABI W/O DAWOOD KHAN AGED ABOUT 54 YEARS R/AT HARLIPURA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 002 5. SHARFUNBI W/O H SHAFISAB AGED ABOUT 52 YEARS R/AT HARLIPURA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 002.
6. SAJIDA BANU W/O Y G AMANULLA AGED ABOUT 43 YEARS R/AT YEKKEGUNDI VILLAGE HARIHAR TALUK, DAVANAGERE DISTRICT - 577 002.
... APPELLANTS (A1, A2, A3, A4, A5 AND A6 – PARTIES IN PERSON ARE ABSENT) AND:
1. GHANISAB S/O MADARSAB SINCE DECEASED BY HIS LRS 1(A) SMT JAIBUN BI W/O LATE GHANI SAB AGED 61 YEARS, OCC HOUSE HOLD.
1(B) MAHIBULLA AGED ABOUT 44 YEARS OCC: FISH MERCHANTS.
1(C) MUJIBULLA AGED ABOUT 40 YEARS OCC: AGRICULTURIST.
1(D) IMTIYAZ AGED ABOUT 38 YEARS OCC: URDU TEACHER.
1(A) TO 1(D) ARE RESIDING AT SASVEHALLI VILLAGE, HONNALI TALUK.
1(E) MUNNA AGED ABOUT 36 YEARS R/A PESH IMAM KEREBILACHI, CHANNAGIRI TALUK.
1(F) SMT RIHANA AGED ABOUT 42 YEARS OCC HOUSEHOLD R/O TURCHAGHATTA VILLAGE DAVANAGERE TALUK - 577 002.
DEFENDANTS 1(B) TO 1(F) ARE CHILDREN OF LATE GHANI SAB.
2. AMEER JAN SAB S/O MADARSAB AGED ABOUT 54 YEARS OCC AGRICULTURIST R/O SASVEHALLI VILLAGE.
3. BASHEER SAB S/O MADARSAB AGED ABOUT 59 YEARS OCC AGRICULTURIST.
4. RAHIM SAB S/O MADARSAB AGED ABOUT 61 YEARS OCC AGRICULTURIST.
5. BABU SAB S/O MADARSAB SINCE DECEASED BY HIS LRS.
5(A) SMT MAHABOOB BI W/O LATE BABU SAB AGE MAJOR, OCC HOUSEHOLD.
5(B) IBRAHIM AGE MAJOR OCC MASON 5(C) JABBARSAB AGE MAJOR, OCC MASON 5(D) BASHA MAJOR OCC MASON 5(E) RIZWAN MAJOR OCC MASON 5(F) SMT KOUSAR MAJOR OCC HOUSEHOLD R/AT KAREKATTA VILLAGE, CHANNAGIRI TALUK.
5(G) ZIYAULLA MAJOR MASON 5(H) DADAPEER MAJOR MASON DEFENDANTS NO.5(A) TO (E), (G) AND (H) ARE SONS OF LATE BABU SAB AND ARE R/AT HARLIPURA VILLAGE CHANNAGIRI TALUK – 577002.
6. UMMAR SAB S/O MADAR SAB AGED ABOUT 67 YEARS OCC AGRICULTURIST 7. SHARIFF SAB S/O MADAR SAB AGED ABOUT 51 YEARS OCC AGRICULTURIST DEFENDANTS 3 TO 7 ARE R/AT HARLIPURA VILLAGE, MARABANAHALLI POST CHANNAGIRI TALUK, DAVANAGERE DISTRICT – 577002.
... RESPONDENTS (BY SRI B.S.PRASAD, ADV. FOR R1 (B,C,D,E,F)) THIS RFA FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:17.12.2009 PASSED IN O.S.NO.254/09 (OLD NO. 331/01) ON THE FILE OF THE II ADDL. DISTRICT & SESSIONS JUDGE, DAVANGERE, DISMISSING THE SUIT OF PLAINTIFFS THEREIN FOR DECLARATION AND PERMANENT INJUNCTION. ALLOWING THE COUNTER CLAIM OF THE DEFENDANTS THEREIN FOR DECLARATION AND PERMANENT INJUNCTION.
THIS REGULAR FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Appellants are absent. Learned counsel for legal representatives of respondent No.1 is present. On 19.12.2018 also appellants were absent and to give one more opportunity, case was adjourned on that day. It appears that the appellants are not interest. Hence appeal is dismissed.
Sd/- JUDGE NS/nms