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2025 DAILYLAW 29260 (KAR)

SRI. ABDUL BASITH v. SMT. KHATIJA BEE

RFA/1413/2019 · 2025-06-19

Jyoti Mulimani

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21161 RFA No. 1413 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 1413 OF 2019 (POS) BETWEEN: SRI. ABDUL BASITH AGED ABOUT 47 YEARS, S/O A.ABDUL WAJID, R/AT NO.9, GROUND FLOOR, 6TH CROSS, SALEM MANZIL, SBM COLONY, MATHIKERE, BENGALURU-560 054. REPRESENTED BY GPA HOLDER, SMT. MOHSIN TAJ. W/O SRI. ABDUL BASITH, AGED ABOUT 47 YEARS, R/AT NO.9, GROUND FLOOR, 6TH CROSS, SALEM MANZIL, SBM COLONY, MATHIKERE, BENGALURU-560 054. …APPELLANT (BY SRI. K.S.RAMESH., ADVOCATE [ABSENT]) AND: SMT. KHATIJA BEE AGED ABOUT 37 YEARS, W/O ABDUL NAYEEM WAJID, R/AT NO.9, 6TH CROSS, SALEM MANZIL, SBM COLONY, MATHIKERE, BENGALURU-560 054. …RESPONDENT (BY SRI. RAGHAVENDRA., ADVOCATE FOR SRI. RAVISHANKAR.T.P., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21161 RFA No. 1413 of 2019 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ADMISSION, 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 called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed on 06.06.2025, on that day, when the matter was called, there was no representation on behalf of the appellant, either personally or through video conferencing. Hence, for appearance of counsel for the appellant it was ordered to be listed on 19.06.2025. The appeal is listed today for appearance of counsel of the appellant. 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. - 3 - HC-KAR NC: 2025:KHC:21161 RFA No. 1413 of 2019 Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 52