- 1 - HC-KAR NC: 2025:KHC:19079 RSA No. 746 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 746 OF 2011 (DEC) BETWEEN: BEEBI JAN, W/O ANWAR SAB, SINCE DEAD BY HER LRS 1(a) SMT RAHAMATH, D/O LATE BEEBI JAN, W/O ALLAH BAKSH, R/AT 5TH MAIN ROAD, BHUVANESHWARI NAGAR, DASARAHALLI MAIN ROAD, BENGALURU - 560 057. 1(b) SRI SAMIULLA, S/O LATE BEEBI JAN, R/AT MASZID ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT. 1(c) RAHAMATHULLA, S/O LATE BEEBI JAN, R/AT OLD GUDDADAHALLI, NEAR SUJATHA TALKIES, BENGALURU - 560 024. 1(d) SHAFIULLAH, S/O LATE BEEBI JAN, R/AT MASZID ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562110. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19079 RSA No. 746 of 2011 1(e) SMT MUBARAK, D/O LATE BEEBI JAN, W/O MASTAN, R/AT ISLAMPUR, DODDABALLAPUR TOWN, BENGALURU RURAL DISTRICT - 562110. 1(f) SMT THARINA, D/O LATE BEEBI JAN, W/O NAZEER, R/AT SOFFINA BEEDHI, CHIKKABALLAPUR TOWN - 567101. 1(g) SRI SAIFULLA, S/O LATE BEEBI JAN, R/AT MASZID ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562110. 1(h) SMT KAMARTAJ, D/O LATE BEEBI JAN, W/O RAFIQ, R/AT MASZID ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562110. 1(i) SALEEM, S/O LATE BEEBI JAN, R/AT MASZID ROAD, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT - 562110. …APPELLANTS (BY SRI V VINOD REDDY, ADVOCATE - (ABSENT)) AND: 1. HAFEZULLA KHAN, SINCE DEAD BY LRS a) NAZEEMUNISSA, MAJOR BY AGE, - 3 - HC-KAR NC: 2025:KHC:19079 RSA No. 746 of 2011 D/O LATE HAFEZULLA KHAN, b) DILSHAD BEGUM, MAJOR BY AGE, D/O LATE HAFEZULLA KHAN, c) SHAMSHED BEGUM, MAJOR BY AGE D/O LATE HAFEZULLA KHAN, d) ZEENATHUNISSA, MAJOR IN AGE D/O LATE HAFEZULLA KHAN, e) NAZAZ KHAN, MAJOR IN AGE, S/O LATE HAFEEZULLA KHAN f) INTHAYAZE KHAN, MAJOR BY AGE, S/O LATE HAFEZULLA KHAN, ALL ARE R/A NO.14-B, 8TH CROSS ROAD, CHAMUNDI NAGAR MAIN ROAD, KUSAR NAGAR, R.T.NAGAR POST, BENGALURU - 560021. 2. GUNUMMUDDI NARAYANAPPA, S/O LATE OBALAPPA, AGED ABOUT 68 YEARS, R/AT SAROVARA STREET, NEAR FLOOR MILL, DEVANAHALLI TOWN, BENGALURU DISTRICT - 562101. …RESPONDENTS (BY SRI FAYAZULLA KHAN, ADVOCATE FOR R1(D&F), V/O/DT 3/4/2017, NOTICE TO R1 (B TO E) H/S, R2(A) IS SERVED, V/O/DT 23.03.2021, APPEAL AGAINST R1(A) & R2(B) STANDS DISMISSED) - 4 - HC-KAR NC: 2025:KHC:19079 RSA No. 746 of 2011 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 07.08.2010 PASSED IN R.A.NO.29/2007 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 16.01.2007 PASSED IN O.S.NO.626/1994 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.)& JMFC,DEVANAHALLI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT There was no representation in the morning. Cost imposed on earlier date is not paid. 2. There is no representation in the afternoon. Appeal is of the year 2011. No grounds to adjourn the matter. 3. Appeal is dismissed for 'non prosecution'. 4. In view of dismissal of the appeal, pending interlocutory applications if any, do not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/List No.: 1 Sl No.: 54