IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE N.K.SUDHINDRARAO R.S.A. NO. 1159 OF 2006 (SP) BETWEEN 1. Syed Ahmed Sab Age 72 years, S/o late Madar Sab, Occ: Agriculture 2. Syed Idris Age 50 years, S/o Syed Ahmed Sab (Both are residents of Badesabarpalya Hamlet of Hullenahally, Gulaur Hobli, Tumkur Taluk) ... Appellants (By Sri K.R.Kumar, Advocate-Absent) AND Syed Khasim Since dead by his LRs 1(a) Basheera Bi W/o late Syed Khasim, Aged about 68 years 1(b) Haseena Banu D/o late Syed Khasim, Aged about 52 years 1(c) Syed Basha S/o late Syed Khasim, Aged about 46 years 1(d) Syed Riaz S/o late Syed Khasim, Aged about 42 years 1(e) Syed Karim S/o late Syed Khasim, Aged about 32 years 1(f) Munni D/o late Syed Khasim, Aged about 20 years, 1(g) Parveen D/o late Syed Khasim, Aged about 26 years 1(h) Syed Dastagir S/o late Syed Khasim, Aged about 23 years 2. Smt.G.Lakshmidevamma W/o late G.Srinivas, Aged about 56 years, R/o Venkateshwara Temple Road, Mahalakshminagara, Batawadi, Tumakuru Town.
... Respondents (R.No.2 is impleaded and amendment is carried out as per the order dated 02.08.2018.) (By Sri Chandrakanth R.Patel and Sri A Mohammed Tahir, Advocates of Jayakumar S.Patil Associates for R1(a) to (h), R2-served) This RSA is filed under Section 100 of CPC against the judgment and decree dated 22.02.2006 passed in R.A.No.319/2005 (old R.A.No.72/2000) on the file of the presiding officer, Fast Track Court-I, Additional District and Sessions Judge, Tumkur, disposing the appeal and modifying the judgment and decree dated 09.03.2000 passed in O.S.No.432/1994 on the file of the III Additional Civil Judge (Jr.Dn) and JMFC, Tumkur.
This RSA coming on for final hearing this day, the Court delivered the following:
JUDGMENT Counsel for appellants is absent. No representation. Matter is of the year 2006 in terms of the present Regular Second Appeal, Regular Appeal is of the year 2005 in terms of the Regular Appeal and O.S. is of the year 1994 in terms of the Original Suit. It appears that the appellants are not interested in prosecuting the case. Hence, appeal is dismissed for non-prosecution.
Sd/- JUDGE Mgn/-