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2025 DAILYLAW 33960 (KAR)

SMT. NOOR SALMA BHANU v. SMT. HABIB UNNISA

RFA/2133/2023 · 2025-01-28

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3880 RFA No. 2133 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. 2133 OF 2023 (PAR/INJ) BETWEEN: SMT. NOOR SALMA BHANU W/O TAJMAL PASHA AGED ABOUT 37 YEARS RESIDING AT NO. 1086 4TH MAIN ROAD, 4TH CROSS VIJAYANAGAR, BENGALURU - 560 040. …APPELLANT (BY SRI RAVINDRANATH K., ADVOCATE) AND: 1. SMT. HABIB UNNISA W/O ABDUL AJIZ AGED ABOUT 70 YEARS 2. SMT. AJEEMA UNNISA D/O ABDUL AJIZ AGED ABOUT 70 YEARS 3. SRI MOHAMMED S/O ABDUL AHJIZ AGED ABOUT 38 YEARS 4. SRI CHAND PASHA S/O ABDUL AJIZ AGED ABOUT 35 YEARS Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3880 RFA No. 2133 of 2023 5. SRI SADULLA S/O KHALIMULLA AGED ABOUT 60 YEARS DEFENDANTS NO.1 TO 5 ARE R/AT NO. 1, BEHIND SUJATHA TOURING TALKIES "HABIBUNNISSA BUILDING" PADARAYANAPURA BENGALURU - 560 026. SRI SAMEEULLA S/O LATE T.GHANI BAIG SINCE DEAD BY HIS LRS 6. SMT. GULNAZ W/O LATE SAMEEULLA AGED ABOUT 58 YEARS 7. SMT. BANU D/O LATE SAMEEULLA AGED ABOUT 30 YEARS BOTH ARE RESIDING AT HOUSE NO. VALMIKI NAGAR 1ST MAIN ROAD, BENGALURU - 560 026. 8. SRI. TAJAMUL FATHER NAME NOT KNOWN AGED ABOUT 45 YEARS R/AT NO. 1086, 4TH MAIN 4TH CROSS, VIJAYANAGAR BENGALURU - 560 040. …RESPONDENTS - 3 - NC: 2025:KHC:3880 RFA No. 2133 of 2023 THIS REGULAR FIRST APPEAL IS FILED UNDER CODE 41 RULE 1 READ WITH SECTION 96 OF THE CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Counsel for the appellant has appeared through video conferencing and submits that short accommodation may be granted to comply with the office objections. This Court is not inclined to grant time. The reason is simple. 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 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 - 4 - NC: 2025:KHC:3880 RFA No. 2133 of 2023 with. It appears that the appellant is not interested in prosecuting the appeal. Hence, the Regular First Appeal is dismissed for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 9