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2025 DAILYLAW 24107 (KAR)

MR. SAVADE SABJAN @ SAVADE v. MR.MURAD SAB

RSA/1158/2021 · 2025-08-22

V Srishananda

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Judgment text

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- 1 - NC: 2023:KHC:25593 RSA No. 1158 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2023 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR SECOND APPEAL NO.1158 OF 2021 (DEC/INJ) BETWEEN: 1(a) MR. SAVADESABJAN @ SAVADE S/O LATE GUDU SAB, DEAD, REP. BY LRS', MS. MEHABOOBI AGED ABOUT 65 YEARS, W/O LATE SAVDE SABJAN, 1(b) MS. SHARU AGED ABOUT 35 YEARS, D/O LATE SAVDE SABJAN, 1(c) MR. MAKSHOOD SON OF LATE SAVDE SABJAN, AGED ABOUT 32 YEARS, 2(d). MS. ASHIF S/O LATE SAVDE SABJAN, AGED ABOUT 30 YEARS, 2(e) MS. ASHMA D/O LATE SAVDE SABJAN AGED ABOUT 28 YEARS, 2(f) MS. ARSHIYA D/O LATE SAVDE SABJAN, AGED ABOUT 26 YEARS, APPELLANT No.2(a) TO 2(f) ARE RESIDING AT HYRIGE VILLAGE, HANAGUDU HOBLI, HUNSUR TALUK, MYSURU DISTRICT. Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:25593 RSA No. 1158 of 2021 3. 4. MR. DASTHAGIRI SAB S/O LATE GUDU SAB, DEAD, REP. BY LRS', MS. NASREEN BANU AGED ABOUT 56 YEARS, D/O LATE DASTAGIRI SAB, 5. MS. ALMAAS BANU AGED ABOUT 36 YEARS D/O LATE DASTAGIRISAB, 6. MR. SHAKEEL AGED ABOUT 34 YEARS, S/O LATE DASTAGIRISAB, 7. MS. THABASSUM BANU AGED ABOUT 32 YEARS, D/O LATE DASTAGIRISAB, 8. MR. ANWARPASHA AGED ABOUT 41 YEARS, S/O LATE GUDU SAB, APPELLANT Nos. 3 TO 6 ARE RESIDENTS OF HYRIGE VILLAGE, HANAGODU HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 106. …APPELLANTS (BY SRI. SHIVAKUMAR.N., ADVOCATE [ABSENT]) AND: 1. 2. MR.MURAD SAB SINCE DECEASED, REP. BY HIS LRS', MS. ZAREERA BI WIFE OF LATE MURAD SAB, AGED ABOUT 66 YEARS, - 3 - NC: 2023:KHC:25593 RSA No. 1158 of 2021 3. MASTER. MUBARAQ, SON OF LATE MURAD SAAB, AGED ABOUT 40 YEARS, 4. MASTER. RAHAZAN, SON OF LATE MURAD SAAB, AGED ABOUT 38 YEARS, 5. MASTER. CHAND PASHA, SON OF LATE MURAD SAAB, AGED ABOUT 36 YEARS, 6. MASTER. FAROON SON OF LATE MURAD SAAB, AGED ABOUT 34 YEARS, 7. MASTER. KALANDAR SON OF LATE MURAD SAAB, AGED ABOUT 32 YEARS, THE RESPONDENTS 1 TO 6 ARE R/AT SHALIM TAILOR, NALA ROAD, OLD MARKET, SHIVAJI NAGAR, BENGALURU - 560 001. 8. NAYAZ PASHA S/O IBRAHIM . …RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CPC., SEEKING CERTAIN RELIEFS. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2023:KHC:25593 RSA No. 1158 of 2021 ORDER When the matter is called, there is no representation on behalf of appellants either personally or through video conferencing. The captioned appeal is listed today for orders regarding non-compliance of office objections for fourth time. A perusal of the daily order sheet depicts that the appeal was listed before the Registrar (P & H) on several occasions and time was granted to comply office objections. As could be seen from the appeal papers, the appeal is filed in the year 2021. Now we are in the month of July 2023. It's almost been two years. So far, office objections are not complied. Despite giving several opportunities, the appellants have not instructed the counsel on record to comply office objections. As already noted above, when the matter is called, there is no representation on behalf of appellants either personally or through video conferencing. Hence, the Regular Second Appeal - 5 - NC: 2023:KHC:25593 RSA No. 1158 of 2021 is dismissed for non-prosecution and also for non-compliance of office objections. Sd/- JUDGE TKN List No.: 1 Sl No.: 13