- 1 - NC: 2025:KHC:4015 RFA No. 2272 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2272 OF 2023 (DEC) BETWEEN: 1. SMT. MAHABOOB BEE (3RD WIFE) W/O LATE G.S.SABJAN SAB, AGED ABOUT 80 YEARS, 2. SMT.RABIABI BEE W/O SABU, D/O LATE G.S.SABJAN SAB, AGED ABOUT 65 YEARS, 3. SRI SARDHAR S/O LATE G.S.SABJAN SAB, AGED ABOUT 59 YEARS, 4. SMT. MOIMUNISSA @ ANJU W/O BABU LATE G.S.SABJAN SAB, AGED ABOUT 57 YEARS, 5. SRI G.S.MALIK S/O LATE G.S.SABJAN SAB, AGED ABOUT 56 YEARS, 6. SRI SHAIK MOHIDEEN @ G.S.MANNA S/O LATE G.S.SABJAN SAB, AGED ABOUT 52 YEARS, 7. SRI IMRAN PASHA S/O LATE PACHA SHAH ALI @ G.S.BABU, AGED ABOUT 34 YEARS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4015 RFA No. 2272 of 2023 8. SRI SHAIK HIDAYAT S/O LATE DADA PEER, AGED ABOUT 43 YEARS, 9. SRI SHAIK ARFATH S/O LATE DADA PEER, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT MEDAHALLI NEW EXTENSION, 1ST MAIN ROAD, 3RD CROSS, VIRGONAGAR, BENGALURU - 560 049. …APPELLANTS (BY SRI. MOHAMED SHAFI ULLA., ADVOCATE [ABSENT]) AND: 1. THE DEPUTY COMMISSIONER OF BENGALURU URBAN, BENGALURU. 2. THE ASSISTANT COMMISSIONER, BENGALURU NORTH, BENGALURU. 3. THE THASILDAR, BENGALURU NORTH TALUK, BENGALURU. 4. K.KAREEN SAB SINCE DECEASED BY LR'S, SMT. MUMTAJ, W/O LATEL BAKSH, (S/O LATE K.KAREEM SAB), AGED ABOUT 65 YEARS, 5. SMT. RASHIDA D/O LATE BAKASH, (S/O LATE K.KAREEM SAB), AGED ABOUT 40 YEARS, - 3 - NC: 2025:KHC:4015 RFA No. 2272 of 2023 6. SMT. KURSHEED @ AMMU W/O LATE K.MUNAWAR, (S/O LATE K.KAREEM SAB), AGED ABOUT 58 YEARS, 7. SRI.THANVEER S/O LATE K.MUNAWAR, (S/O LATE K. KAREEM SAB), AGED ABOUT 45 YEARS, 8. SRI SHAMEER S/O LATE K.MUNAWAR, (S/O LATE K.KAREEM SAB), AGED ABOUT 35 YEARS, DEFENDANT NO.4 TO 8 ARE CHILDREN OF DECEASED MUNAWAR, 9. SMT. MUBEENA (2ND WIFE), W/O LATE K.MUNAWAR, AGED ABOUT 48 YEARS, 10. SRI. SHABEER S/O LATE K.MUNAWAR, (AND SMT. MUBEENA) AGED ABOUT 28 YEARS, 11. SRI.NAYAZ PASHA S/O LATE K.SABU SAB, (S/O LATE KAREEM SAB), AGED ABOUT 41 YEARS, 12. SRI. K.GORI SAB S/O LATE K.KAREEM SAB, AGED ABOUT 60 YEARS, 13. SRI. AKRAM PASHA S/O LATE K.KAREEM SAB, AGED ABOUT 57 YEARS, - 4 - NC: 2025:KHC:4015 RFA No. 2272 of 2023 14. SRI.ASLAM PASHA S/O LATE K.KAREEM SAB, AGED ABOUT 55 YEARS, 15. SRI.KHADER MOHIDEEN S/O LATE SHAIK IMAM MOHIDEEN, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT MEDAHALLI NEW EXTENSION, KURUDU SUNNEHALLI ROAD, 1ST CROSS, VIRGONAGAR POST, BENGALURU-560 049. …RESPONDENTS THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 115 OF THE 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 appellants are 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 before the Registrar (P & H) and sufficient time was granted to comply with the office objections. Thereafter, the appeal was listed before the Court on 09.01.2025, on that day, finally a week's time was granted to comply with the office objections, failing which the appeal was ordered to be listed - 5 - NC: 2025:KHC:4015 RFA No. 2272 of 2023 under the caption 'for dismissal of appeal for non-compliance of office objections' on 28.01.2025 The appeal is listed today under the caption 'for dismissal of appeal for non-compliance of office objections'. Despite granting sufficient time, the office objections are not complied with. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are 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.: 1 Sl No.: 15