IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.4866 OF 2011 (CPC) BETWEEN:
1. SRI.SYED JAFFER, S/O SYED GHOUSE PASHA, AGED ABOUT 54 YEARS.
2. SRI.BABU, S/O SYED GHOUSE PASHA, AGED ABOUT 52 YEARS, 3. SRI.MUNNA, S/O SYED GHOUSE PASHA, AGED ABOUT 50 YEARS.
4. SRI.SYED NASIK PASHA, S/O SYED GHOUSE PASHA, AGED ABOUT 48 YEARS.
5. SRI.SYED SHABIK PASHA, S/O SYED GHOUSE PASHA, AGED ABOUT 46 YEARS.
ALL ARE R/O GUMBAZ ROAD, GANJAM, SRIRANGAPATANA TALU, MANDYA DISTRICT – 571438. …APPELLANTS (BY SRI.PRADEEP NAIK K, ADVOCATE-ABSENT) AND:
1. C.D.S.BEGUM SHAH, S/O LATE MOHAMMED AYATH, AGED ABOUT 80 YEARS, R/O NO.1813, 31ST CROSS, 12TH MAIN, 2ND STAGE, BANASHANKARI, BENGALURU, REPRESENTED BY HIS P.A.HOLDER SYED ZAMEER AHMED, S/O SYED ABDUL RAUF, AGED ABOUT 43 YEARS, R/O MACHHI BAZAR, GANJAM, SRI RANGAPATNA TALUK, MANDYA DISTRICT-571438.
2. SRI.KALLEL AHAMMED, S/O LATE MOHAMMED JAFFER, AGED ABOUT 47 YEARS, R/OF TIPPU CIRCLE, BADA MAKAN, MYSURU – 570001. ...RESPONDENTS **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.03.2011 PASSED ON IA NO.3 IN O.S.NO.1/2011 ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND JMFC, SRIRANGAPATNA, DISMISSING IA NO.3 FILED UNDER ORDER 39 RULE 1 AND 2 CPC FOR T.I.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Counsel for the appellants absent. No representation.
2. Despite several opportunities given, the counsel for the appellants, has not appeared.
3. On 13.11.2018, two weeks time was granted as a final chance, on a condition that if the appellants fail to do the needful, the appeal shall stand dismissed for non-prosecution without further reference to the Court.
4. Since there is no representation by the counsel for the appellants, this appeal stands dismissed for non- prosecution.
Sd/- JUDGE SJ