1 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD DATED THIS 17TH DAY OF FEBRUARY, 2025 BEFORE HON'BLE MR. JUSTICE E.S.INIRESH RSA NO. 100346 OF 2024 BETWEEN: 1 . SHRI HANUMMANTHA SA S/O S/O. JAGANNATH SA MEHARWADE AGE. 67 YEARS, OCC. BUSINESS R/O. ASHWINI KHANAVALI, BESIDES SIDDI VINAYAK TEMPLE, COMPOUNDERS LANE, 4TH WARD, HOSAPETE, TQ. HOSAPETE, DIST. VIJAYNAGAR-583201 ... APPELLANT (BY SRI. SHIVRAJ S BALLOLI, ADV. FOR APPELLANT) AND SMT. MUMTAZ BEGUM W/O G.P MEHABOOB SINCE DECEASED BY HER LEGAL REPRESENTATIVES. 1. SMT. JAREENA BEGUM D/O LATE ABKAR ALI (DAUGHTER-IN-LAW OF ORIGINAL PLAINTIFF) AGE:53 YEARS, OCC HOUSEHOLD WORK, R/O DHOOLPETE JAMBUNATH ROAD 21ST WARD, BESIDE OIL FACTORY, SANDEEP GAS COMPANY , HOSAPETE, TQ: HOSAPETE DIST: VIJAYNAGAR-583201 2 2. HASEENA BEGUM D/O: LATE G.P. MEHABOOB AND MAMTAJ BEGUM R/O: DHOOLPETE, JAMBUNATH ROAD 21ST WARD, BESIDE OIL FACTORY, SANDEEP GAS COMPANY, HOSAPETE, TQ: HOSAPETE DIST: VIJAYNAGAR-583201 3. SHAMEENA BANU D/O: LATE G.P. MEHABOOB AND MAMTAJ BEGUM AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O DHOOLPETE, JAMBUNATH ROAD 21ST WARD, BESIDE OIL FACTORY, SANDEEP GAS COMPANY, HOSAPETE, TQ: HOSAPETE DIST: VIJAYNAGAR-583201 4. NASEEMA BEGUM D/O LATE G.P MEHABOOB AND MAMTAJ BEGUM AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O DHOOLPETE, JAMBUNATH ROAD 21ST WARD, BESIDE OIL FACTORY, SANDEEP GAS COMPANY, HOSAPETE, TQ: HOSAPETE DIST: VIJAYNAGAR-583201 5. S. MOHAMMED RAFIQ S/O NASEER AHAMMED @ SRINIVAS NAIDU AGE: MAJOR, OCC: NIL R/O: NEAR KUMATHANA MASJID, MORE GALLI, HOSAPETE TQ: HOSAPETE, DIST: VIJAYNAGAR-583201 6. S. HABEEB S/O NASEER AHAMMED @ SRINIVAS NAIDU AGE: MAJOR OCC: NIL R/O NEAR KUMATHANA MASJID, MORE GALLI, HOSAPETE TQ: HOSAPETE, DIST:VIJAYNAGAR-583201 3 7. SMT. SHABHANA W/O RASHEED, D/O NASEER AHAMMED AGE: 49 YEARS, OCC:HOUSEHOLD WORK R/O: HAMPI ROAD, HOSAPETE TQ: HOSAPETE, DIST VIJAYNAGAR-583201 8. SMT. WAHEEDA D/O. NASEER AHAMMED D/O.LATE AHAMED KHAN AGE: 55 YEARS, OCC: HOUSEHOLD WORK R/O: ANDERI, MUMBAI, STATE: MAHARASTRA -400053 9. SMT. NORRIE, D/O.NASEER AHAMMED, W/O: ABDUL ABDUL KAYEEM SALEEM, AGE: 53 YEARS, OCC: HOUSEHOLD WORK R/O: KALYAN NAGAR, MUMBAI STATE: MAHARASTRA-400095 ...RESPONDENTS RSA FILED UNDER SECTION 100OF CPC 1908, AGAINST THE JUDGMENT AND DECREE DATED 09.10.2023 PASSED IN R.A.NO.5024/2018 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI, (SITTING AT HOSAPETE) PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 29/06/2018 PASSED IN O.S. NO.144/2005 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSPET, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING; 4 O R D E R Finally, three weeks’ time is granted to comply with the office objections, failing which, the appeal shall be dismissed without reference to the Bench for non-prosecution. SD/- JUDGE //COPY// Note:- As per endorsement made in the order sheet dated 20.03.2025. Counsel for the appellant has not complied with the office objections at Sl. No. 1 to 5. Hence, this RSA No. 100346/2024 dismissed without reference to the Bench for non-prosecution as per the Court Order dated 17.02.2025. BY ORDER OF THE COURT SD/- ASSISTANT REGISTRAR R- By:-rv C- By:-rv T- By: -psl