- 1 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1024 OF 2023 (PAR/INJ) BETWEEN: SRI SYED PYAREJAN S/O LATE SYED RAZAK @ SYED RAJA SAHIB, AGED ABOUT 71 YEARS, R/AT NO.42, 1ST A MAIN, OPP. TO RAVI STORE, NEAR ANJENYASWAMY TEMPLE ROAD, BHOOPASANDRA, BENGALURU-560 094. …APPELLANT (BY SRI. KUMARA., ADVOCATE FOR SRI. R.S.GOWDA., ADVOCATE [ABSENT]) AND: 1. ZAIHERUNNISA D/O LATE SYED RAZAK. @ SYED RAJA SAHIB, W/O SYED CHOTU, AGED ABOUT 80 YEARS, R/AT NO. 129, RMV 2ND STAGE, MASJID ROAD, BHOOPASANDRA, BENGALURU-560 094. 2. SRI SABU SAB S/O LATE WALI KHAN, H/O LATE KHAIRUNNISA, AGED ABOUT 84 YEARS, 3. SRI USMAN PASHA S/O SABU SAB AND LATE KHAIRUNNISA, AGED ABOUT 55 YEARS, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 4. NOORUNNISA W/O LATE KHALEEL, AGED ABOUT 53 YEARS, 5. BALKIS BANU D/O SABU SAB AND LATE KHAIRUNNISA, AGED ABOUT 51 YEARS, 6. GULNAZ BEGUM D/O SABU SAB AND LATE KHAIRUNNISA, AGED ABOUT 50 YEARS, 7. MOHAMMED PASHA S/O SABU SAB AND LATE KHAIRUNNISA, AGED ABOUT 47 YEARS, NO.2 TO 7 ALL ARE R/AT NO.41, BHOOPASANDRA, RMV 2ND STAGE, SANJAYNAGAR POST, BENGALURU-560 094. 8. BIBI HAJIRA D/O TAJUNNISA, W/O SYED AKRAM, AGED ABOUT 43 YEARS, R/AT NO.123, RMV 2ND STAGE, MASJID ROAD, BHOOPASANDRA, BENGALURU-560 094. 9. SYED ANWAR S/O SYED KHADIR, AGED ABOUT 73 YEARS, R/AT NO.20, RMV 2ND STAGE, MASJID ROAD, BHOOPASANDRA, BENGALURU-560 094. 10. SYED IBHRAMIN S/O SYED KHADIR, AGED ABOUT 67 YEARS, R/AT NO.27, NEAR COCONUT TREE THOTA, RMV 2ND STAGE, MASJID ROAD, - 3 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 BHOOPANSANDRA, BENGALURU-560 094. 11. SYED MUBARAK S/O SYED KHADIR, AGED ABOUT 55 YEARS, R/AT NO.96, RMV 2ND STAGE, MASJID ROAD, BHOOPASANDRA, BENGALURU-560 094. 12. SRI. YASEER SHARIEF S/O LATE NOOR MOHAMMED, AGED ABOUT 42 YEARS, R/AT FLAT NO.102, GROUND FLOOR, NO.9, PARK ROAD, TASKER TOWN, SHIVAJINAGAR, BENGALURU-560 051. 13. SHAMSHAD D/O LATE SYED BASHU, AGED ABUT 60 YEARS, 14. SYED AMJAD PASHA S/O LATE SYED BASHU, AGED ABOUT 48 YEARS, 15. PARVEEN TAJ D/O N.LATE SYED BASHU, AGED ABOUT 46 YEARS, 16. SYED RAZACK S/O LATE SYED BASHU, AGED ABOUT 43 YEARS, RESPONDENTS NO.13 TO 16 ARE R/AT NO.71, RMV 2ND STAGE, MASJID ROAD, BHOOPASANDRA, BENGALURU-560 094. 17. SYED ABDUL KARIM S/O ABDUL RAHIM @ N.A.RAHIM, AGED ABOUT 57 YEARS, - 4 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 R/AT NO.7/3, 2ND CROSS, SHAMANNA GARDEN, BANNERGHATTA ROAD, ADUGODI, BENGALURU. 18. JAMSHEED PASHA S/O ABDUL RAHIM AND SMT. GHOUSIA BEGUM, AGED ABOUT 71 YEARS R/AT NO.24/A, 7TH MAIN, RAJAJINAGAR, 4TH BLOCK, BENGALURU-560 010. 19. SYED SAMIULLA S/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 60 YEARS, 20. SHAYEDA BEGUM D/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 58 YEARS, 21. FAHAMEDA BEGUM D/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 56 YEARS, 22. SYED AKBAR S/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 54 YEARS, 23. SYED SANAULLA S/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 52 YEARS, 24. SYED AMANULLA S/O LATE SYED MAHABOOB - 5 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 AND LATE FATHIMA BI, AGED ABOUT 50 YEARS, 25. SYED SHAIFULLA S/O LATE SYED MAHABOOB AND LATE FATHIMA BI, AGED ABOUT 48 YEARS, RESPONDENTS NO.19 TO 25 ARE R/AT NO.7, 1ST A CROSS, MEHABOOB LAYOUT, BHOOPASANDRA, RMV EXTENSION, 2ND STAGE, BENGALURU-560 094. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC, 1908. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellant is not represented. When the case is listed and is called out, the advocate must be present. His absence may affect the case. The appeal is listed today for orders regarding non- compliance of office objections for the fifth time. As could be seen from the daily order sheet, the appeal was listed before the Registrar (P & H) and also before the Court and sufficient time was granted to comply with the office - 6 - NC: 2025:KHC:1174 RFA No. 1024 of 2023 objections. Despite granting sufficient time, the office objections are not complied with. As already noted above, when the case is called, the appellant is not represented. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-prosecution and also for non- compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 47