IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO R.F.A.NO.1653/2006 BETWEEN:
1. MOHAMMED IBRAHIM, S/O D.S.ABDUL MALIK SINCE DECEASED BY HIS LEGAL REPRESENTATIVE:
1(a) ZAIBUNNISA, 1(b) MOHAMMED FAYAZ, 1(c) MOHAMMED IYAS, 1(d) SABIHA, 1(e) SHABANA, 1(f) PARVEEN, 1(g) SHAHEEN, (a) IS THE WIFE, (b) AND (c) ARE THE SONS, (d) TO (g) ARE DAUGHTERS OF LATE MOHAMMED IBRAHIM, ALL ARE RESIDING AT NEHRU NAGAR, BELUR TALUK, HASSAN DISTRICT – 573 115.
2. D. MOHAMMED ISMAIL, S/O D.S.ABDUL MALLICK, OCC: LEATHER MERCHANT, NO.15, AZADNAGAR, AMBUR, NORTH ARCOT – 635 802.
3. MOHAMMED DAWOOD HUSSAIN, S/O D.S. ABDUL MALLICK, AGED ABOUT 55 YEARS, NO.118, THIMMAIAH ROAD, BANGALORE – 560 051. … APPELLANTS (BY SRI ILYAS HUSSAIN, ADVOCATE) AND:
1. ZUBEIDA BANU, W/O LATE D.S.ABDUL MALLICK, MAJOR, R/O NO.3, OLD KORACHARAPALYA, ‘B’ STREET, BANGALORE-560051.
SINCE DEAD BY HER L.R., SMT SHAMEEMUNNISA, AGED ABOUT 50 YEARS, W/O SYED JAMALUDDIN DECEASED, RESIDING AT OLD NO.3, NEW NO.6, OLD KORCHARA PALYA, SHIVAJI NAGAR, BANGALORE – 560 051.
2. D. MOHAMMED NOORULLA SINCE DECEASED BY HIS L.R., SMT AKTHAR JAN, W/O SRI D. MOHAMMED NOORULLA, MAJOR, R/O NO.19, CHARMINAR, MOSQUE, BANGALORE – 560 051. … RESPONDENTS (BY SRI VIJAY KRISHNA BHAT.M., ADVOCATE FOR PROPOSED LRS OF R-1, R-2 PARTY-IN-PERSON ABSENT) THIS APPEAL IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED:21.04.2006 PASSED IN O.S.NO.8807/1995 ON THE FILE OF THE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE(CCH NO.23) DISMISSING THE SUIT FOR PARTITION POSSESSION AND MESNE PROFITS.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This matter is listed for final hearing notifying well in advance. Though it is called for the second time, counsel for the appellant is absent and there is no representation for the appellant.
The matter is of the year 2006 in terms of the appeal and of the year 1995 in terms of original suit, thus the matter is of 24 years. It appears that the appellant is not interested in prosecuting the matter. Hence, the appeal is dismissed for non-prosecution.
Sd/- JUDGE PKS