- 1 - HC-KAR NC: 2025:KHC:36251 RFA No. 1889 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 1889 OF 2021 (DEC/INJ) BETWEEN: JANAAB ABDUL GAFFAR S/O LATE JANAAB ABDUL NOOR AGED ABOUT 68 YEARS R/AT DOOR NO.59 K P MOHALLA WARD NO.12 CHAMARAJNAGAR TOWN CHAMARAJANAGAR DISTRICT-571 313 (SINCE DEAD REP. BY LRS.) 1. JANAAB INAYATHULLA S/O LATE JANAAB ABDUL NOOR AGED ABOUT 62 YEARS R/AT DOOR NO.59 K P MOHALLA WARD NO.12 CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT-571 313 2. JANAAB SIBGATHULLA S/O LATE JANAAB ABDUL NOOR AGED ABOUT 52 YEARS R/AT DOOR NO.59 K P MOHALLA WARD NO.12 CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT-571 313 …APPELLANTS (BY SRI. AMSHITH HEGDE H S., ADVOCATE) AND: 1. JANAB HYDAR S/O LATE JANNAB SYED MOHAMMED Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36251 RFA No. 1889 of 2021 AGED ABOUT 32 YEARS R/AT DOOR NO.63 K P MOHALLA WARD NO.12 CHAMARAJANGAR TOWN CHAMARAJANAGAR DISTRICT-571 313 2. JANAAB AKBAR S/O LATE JANAAB SYED MOHAMMED AGED ABOUT 22 YEARS R/AT DOOR NO.63 CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT-571 313 JANAAB MOHAMMED SHAFIULLA S/O LATE JANAAB ABDUL NOOR AGED ABOUT 74 YEARS SINCE DEAD BY LRS 3 MOHAMMED ZIYAULLA S/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 47 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 4. SHRI MUNNA (ZAFRULLA) S/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 45 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 5. MS MUNNI D/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 42 YEARS, R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 6. SMT MUZIDA W/O LATE JANAAB MOHAMMED SHAFIULLA - 3 - HC-KAR NC: 2025:KHC:36251 RFA No. 1889 of 2021 AGED ABOUT 62 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 7. MOHAMMED WASIMULLA S/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 42 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 8. MS SALMA BANU D/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 37 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 9. MS ASMA BANU D/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 42 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 10. MOHAMMED WASIMULLA S/O LATE JANAAB MOHAMMED SHAFIULLA AGED ABOUT 42 YEARS R/AT UTHUVALLI VILLAGE KASABA CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 313 …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 05.04.2021 PASSED IN OS No.152/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGAR, DISMISSING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. - 4 - HC-KAR NC: 2025:KHC:36251 RFA No. 1889 of 2021 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Case called out. 2. The matter is listed for non-compliance of office objections for eighth time. Despite giving sufficient opportunities, the learned counsel for the appellant has failed to comply with the office objections. Therefore, it appears that he is not interested to proceed with the case. Hence, it is appropriate to dismiss the appeal for non-compliance of office objections. 3. Accordingly, the appeal stands dismissed for non- prosecution and non-compliance of office objections. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 5